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Home My WebLink AboutContract 55662CITY OF FORT WORTH, TEXAS CSC No. 55662 STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a exas home- ule municipality ("CITY"), and Raymond L. Goodson, Jr. Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Water and Sanitary Sewer Extensions on Sheraton Drive from Ramey Avenue to Sunshine Drive. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $32,560.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. I_1'i� [�ll 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. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 FT. WORTH TX Page 1 of 17 � (3) Upon completion of services enumerated in Article I, 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 Amendments to Article IV, if any, are included in Attachment C. 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. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. SubsurFace Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 2 of 17 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 cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 3 of 17 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 4 of 17 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 a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 5 of 17 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. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 6 of 17 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. 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. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 7 of 17 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. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 8 of 17 final payments. 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 9 of 17 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. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 10 of 17 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. 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. H. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 11 of 17 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. (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 Risk/Installation 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. 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; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, 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, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 14 of 17 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. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who perForms work under this Agreement. ENGINEER shall adhere to all 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 ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 15 of 17 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 contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 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: Attachment A- Scope of Services Attachment B - Compensation Attachment C- Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F- Addendum of Federal Requirements for Community Development Block Grant Funds City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 16 of 17 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH T�c� S��.G.G Dana Burghdoff (Apr 29, 20 1:15 CDT� Dana Burghdoff Assistant City Manager Date: Apr 29, 2021 APPROVAL RECOMMENDED: cl��isto�hev h�qrdev Christopher Harder (Apr28, 2021 08:03 CDT) By. Chris Harder, P.E. Director, Water Department 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. 7�-�. �J� �^ Leon Wilson, Jr., P.E. Project Manager APPROVED AS TO FORM AND LEGALITY 6�'�C%�i Y: DBlack(Apr29,20211015CDT) Senior Assistant City Attorney ATTEST: �� Mary J. Kayser City Secretary ba�.-FoRr a� � �Fa00000000�L d p�►a � °O'A t � a ��o �_ o � ° o F ��d �n �'ExAS.<,.a,a BY: ENGINEER Raymond L. Goodson, Jr., Inc. , ... �u�.� L �_ Brent E. Lewis, P.E. Senior Associate Date: 4/13/21 Form 1295 No. N/A City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 17 of 17 M&C No.: N/A M&C Date: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NOS. 102691 & 103020 ATTACHMENT A Scope for Enqineerinq Desiqn Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NOS.102691 & �03020 The scope set forth herein defines the work to be pertormed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. GITY OF FORT WORTH WATER DEPARTMEIVT WATER AND SANITARY SEWER EXTENSIONS co��i Water Water Sewer Sewer Street/(Limits) District LF Size LF Size Comments Sheraton Dr. 5 655 8" 575 8" CDBG Rame Ave. to Sunshine Dr. ��7:7:�C�7: ��T7� : ►� � Task 1. Design Management Tasl��. Se�ep+� ��sign Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Plan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and e�ernally as needed, and ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct review meetings with the CITY at the end of each design phase. • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 4 MWBE reports will be prepared • 2 meetings with city staff • 4 monthly water department progress reports will be prepared • 4 monthly project schedule updates will be prepared City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 9) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The purpose of the conceptual design is for the ENGINEER to ■ Study the project, ■ Identify and develop alternatives that enhance the system, ■ IJr.-+ �n4 /thr�i�nh 4ho iJofinorJ rJoli�iornhloc\ +h000 nl+ornn4i�ioc 4n 4ho ('ITV t � t(lh+-,ir, +ho (�ITV�c or�r�inrcomori4 nf 4hic nnnnor�+ ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. 2.2. Geotechnicallnvestigations • ENGINEER shall advise the CITY of test borings and other subsurFace investigations that may be needed for the project. If the CITY determines that City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR, FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY's geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. 2.3. Fire Line Reconnection 2 4 Tho ('nnnor�fi i�+l flo inn D�+nl«+na chnll innl� iiJo +ho fnlln�eiinn• '-�'�A`-�'E.11'��G� c4rorin4hc -+nrl ��iol.Lrio coc nf o�+rh �+rir1 4ho rn}innnlo fnr color4inn +ho � i rornmmonrJorJ lJocirvri nnnnor�+ rirnior� iJnr� imon4orJ in hn4h 4ho r�rnior+ cnhorli ilo nnrl n�rro4i�io fnrm flnni imon4n#i�r� r�f Lo�i rJociivn rlonicinnc Gn4im•+4oc nf r�rnhnhlo nnnc+ri in4inn n�c+ ASSUMPTIONS • 0 Geotechnical borings are expected for this project. • 0 copies of the conceptual design package (30% design) will be delivered. Report shall be letter sized and comb-bound with a clear plastic cover. Drawings will be N/A size fold outs bound in the report c�n+ fnlr�lor in Ri i->->crnei Gf�l(-`InICC'CJ chl+Il riror��+r.� +he� moo4irin minii4oc nf 4ho (�`nn or�+ l7a�iia�Ai moofinry - ��Ton�r ...,�.,.� �..�..�...,.�... .,.... �,,.......��y ��,......., .,. ..�,.. ._,.,�..,..�.,......��.. �..��....y nr�� ro�iico 4ho rov�nrF if noorJorJ ��ri4+on nr�r�rn�il+l h�i #ho (`ITV nf 4ho �'nnnor�4i i�l flocinn D�nL�r,o � , .. r, r,. .. . .., � ., � .. ... .... , , ., , .. ... ., _.. ...,., r.. _. _.. � ,.... � . . . ...... __. � � . DELIVERABLES A ('nnnor��i �nl �locirrr� D�nL�rro TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet City of Fort Worth, Texas Attachment A PMO Release Date: 08.12014 Page 4 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 A Proiect Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall prolect easement layout sheet(s) with property owner information. Overall prolect water and/or sanitary sewer lavout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet. • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Benchmarks per 1,000 ft of plan/profile sheet — two or more. • Bearinqs given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of � 7 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR, CITY PROJECT NO.: 103124 service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be perFormed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de- hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. • Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. manhole construction. The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Geotechnicallnvestigation Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. 3.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Utility Clearance The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 17 ATTACHMENTA DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO Sl1NSHINE DR. CITY PROJECT NO.: 103124 • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.5. Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS • 1 public meeting(s) will be conducted or attended during the preliminary design phase. • 0 borings at an average bore depth of N/A feet each will be provided. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional 0 project specific traffic control sheets will be developed. • 2 sets of 11X17 size plans will be delivered for the Constructability Review. • 2 sets of 11X17 size plans will be delivered for the Preliminary Design (60% design). • 1 set of specifications will be delivered for the Preliminary Design (60% design). • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • 1 sets of 11X17 size drawings will be delivered for Utility Clearance. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Storm Water Pollution Prevention Plan City of Fort Worth, Texas Attachment A PMO Release Date: 08.12014 Page 7 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 E. Estimates of probable construction cost F. Data Base listing names and addresses of residents and businesses affected by the project. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90°/o and 100°/o design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • 2 sets of 11X17 size drawings and 1 set of 22X34 size drawings and 2 sets specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • 2 sets of 11X17 size drawings and 2 sets specifications will be delivered for the 100°/o Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. •[Engineer to provide estimated final sheet list (cover/index, general notes, control point location, easement layout, SUE plan sheets, no. of plan/profiles, special detail sheets, etc.)] DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. City of Fort Worth, Texas Attachment A PMO Release Date: 08.12014 Page 8 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a.xls file. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page9of17 ATTACNMENTA DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Sinqular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example —"W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example —"X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the projecYs Final Drawing folder in Buzzsaw. 2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name —"W-1956_SHT01.dwg", "W- 1956_SHT02.dwg", etc. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 10 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHER.4TON DR, FROM RAMEY AVE, TO SUNSHINE DR. CITY PROJEC7 NO.; 103124 II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name —"X- 12155_SHT01.dwg", "X-12755_SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 5 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 5 sets of 11x17 size and 10 sets of 22x34 size drawings plans and 5 specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 11 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE, TO SUNSHINE DR. CITY PROJECT NO.: 103124 The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list 6.2 Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the e�ent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified, and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. 1) Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Sinqular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example —"W-1956_rec47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "47" shall be the total number of sheets in this file. City of Fort Worth, Texas Attachment A PMO Release Date: 08.12014 Page 12 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 Example: W-0053_rec3.pdf and K-0320_org5.pdf II. Water and Sewer file name example —"X-35667_rec36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755_rec18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • 1 RFI's are assumed. • 0 Change Orders are assumed • One copy of full size (22"x34") mylars will be delivered to the CITY. DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings on Mylar TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perForm activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition City of Fort Worth, Texas Attachment A PMO Release Date' 08.1.2014 Page 13 of 17 ATfACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS 0 Easements or right-of-way documents will be necessary. 0 Temporary right-of-entry documents will be necessary. • Right-of-Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 14 of 17 ATTACHMENT A �ESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROh1 RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of Entry for landowners to CITY PM. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. City of Fort Worth, Texas Attachment A PMO Release �ate: 08.1.2014 Page 15 of 17 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROh1 RAMEY AVE, TO SUNSHINE DR, CITY PROJECT NO.: 103124 TASK 9. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Street Water Control Control Control Traffic Storm Storm Lights /Sewer Traffic 30% 60°/o 90% Attachment "A" Signal Engineering Water Water (Submit (Submit Type (Submit All 30°/a 60°/a All @ All @ iSubmit All @ 30%) 30% 60%) @ 60%� Required for ali work in City ROW Street X X X X X* X X X X Storm Water X X X X X Water / Sewer X X X X *If included in street project ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right-of-entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Design phase public meetings • PerFormance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 16 of 17 ATTACNMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT NO.: 103124 • Services related to damages caused by fire, flood, earthquake, or other acts of God. • Services related to warranty claims, enforcement, and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc.) • Services related to Subsurface Utility Engineering Levels A, B, C or D. • Services related to Survey Construction Staking. • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 17 of 17 ATTACHMENT B COMPENSATION Engineering Design Services for: Water and Sanitary Sewer Extensions on Sheraton Dr. from Ramey Ave. to Sunshine Dr. City Project Nos. 102691 & 103020 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 32,560.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 3 : ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Water Dept. o�a Fee Amount Prime Consultant RLG Consulting Engineers Surveying, Water and � 27,g20.00 85.7°/o Sanita Sewer Desi n Proposed MBE/SBE Sub-Consultants Multatech Water Line Design Support $ 3,440.0 10.6% $ - $ - $ - TOTAL $ 31,360.00 96.3% Non-MBE/SBE Consultants PIC Printing $ 1,200.00 3.7% $ - $ - TOTAL $ 1,200.00 3.7% GRAND TOTAL $ 32,560.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % Water and Sanitary Sewer Extensions on Sheraton Dr. from Ramey Ave. to Sunshine Dr. $ 32,560.00 $ 3,440.00 10.6% City Project Nos. 102691 & 103020 City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 3 I� EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Engineering Design Services for: Water and Sanitary Sewer Extensions on Sheraton Dr. from Ramey Ave. to Sunshine Dr. City Project Nos. 102691 & 103020 City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 3 �a: O < N d � m n m 7 v ca � n O � � � � O � � � � N v v K 3 � 3 rt .-(1 m .a c m � � N � m 0 w N m O w N rn 0 N � (� � � _' � m z - �u '< '�' N p £ � � ' 0 � � � - m^ 'Z 3 (ll o � O � 3 3 �i o = 3 Q- � � 0 ��c" �G � m v � N n � 'D o' � D� � � 3 � �n J O m o � 7 ry � rn K � IJ W D D 3 3 fD o � C �' 7 � �. � D� �+v, Op'm V� J d C � O VNi � �"� (11 W W O � N W 3 3 o 'o c � � � 't a O '0 3 � � � m � r. � m �* Q 'U � < � O � C O N n `� a � c < � O -� � fD m � W � m � �, � m m (li J n = N 7 o N � w rn N a! 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E = _ 0 l s" - � r _' " o .. � N v 3 � � � a � 3 � � 9 � _ :� � N o � � D o . a 3 � _ � �a m �_ �o q F 9 ag n" � n p 0 0 � N E � N A f O T � ,� O N N � 'u D � � o O r C O p 3 W p A 3 D D � � z N O EXHIBIT "B-3" ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST SUMMARY Water Sanitary Sewer LOCATION Improvements Improvements Total Sheraton Dr. (Ramey Ave. to Sunshine Dr.) $203,875 $134,457 $338,332 B3-1 .. . �I�I�I�I�I.�IWINI�IOI�I�I�I�I�I�IWINI� .� ��,��,�� o o v� o a� cu m _ o�. � � � � � � � � 3 � � �D G� G� ��. � � �� a� Q. o o v� 2 v v � � � � C7 3 (n � (D � � �p �- Q (D (D n. � p � O C � �' p' � � � < � v�i � n (n � � N N �' � 7� c� .�i7 N�-a o cD << � Cn Cn o�G � m cD v� �� o N cD — v � �. � "- m v v � � � � � c� m o' �• D `Q �' � � m 6 � � � cQ � o �� 6 .� � v � Q� � .� _� v � � °' c� N � - � , --_ � - � �D �� m � , � �� v � Q � � � � �3 v � �. � v _ , �� v � � m x �� ' � � m � v m � n � � � 0 z 0 -� � m � � � � � v v (D (D � � �� m m co co co w w w w w w o o w w w w w w w w Cfl CO CO .P W N N N N N N W W W W W W W W W� 1 � � � � > � � � C�O C�O (�O �� N N�� N N N N N � � � �� O O O O O O O � O� � N O O W W O O O Z,� O O O O-� N� �� W W O-� O O O O N-� O O O O O O O O� O O O-� O O O O��P O � W N� �(.O O O N N N O W �I -� W N ��-� ' �I�I�IOI�I� �I-�I�IDI�IDIDID DIDIzI�I� 3 � � � .s � � W G') � � W � � N N N � � (�Tt N o � � pp � � ---' �I p � O --� n C � O a D�; O � �� p ffl ffl N Efl W(� ffl ffl � � , , � , � , � O O O Ui Efl ffl ffl ffl ffl N ffl N(Ji O Ui N Ul ffl ffl (7 � (7 O O O O� N� CJt 'J O---• O O o O O O 00 �l O� O o 0 0 o cn o 0 o cn o 0 0 0 0 0 0 0 o cn N C� y o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r,. �G ,-r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � � N fA -, C -i 00 fiH {� {-f3 {fl � W � � O � -� N O � � W O O O CJ7 -� y W� o 0 0 o ry w� j o 0 0 o cn C Z � � p N �G � fD � O � 0 3 v � r+' (i � o° tfl c�i, t�v �� tfl tfl s� �n � fn y � N O � � O �I O W � � N � � � cn rn rn cn :t� o 0 0 0o cn �A. in r cn cn ry o� o 0 0 0 0 0 0 0 � o cn o 0 0 0 0 0 0 0 0 0 m � Z m m � � 0 � �o � Z � � � � �� O O W � D m 0° � r m r" � �'^ 0 V' Z N � � � � -� 0 z 0 � X 2 W 00 .p .. ., �IJI�I�I�IW INI,IOI�I�I�I�I�I�IWINI' � � �-�� .�� , - - � ° � v � � -°a �' � � � � m � ° � cn cn �' �. � c� �" �' �- o � �' �. v � n co cu � -� � � �- � ° C� � m cn � °� � � n � c�u �� rt o v n(n � D co � � o�� • � �, � � v� C� n < cu cu < < (n � �° � � cu �7 � c� -o. o o � -a �o � Cn U� ° `� � v' m n�i � � � � � � Z �. � � z � � � � � � � � � � � � �. o �• m � � m u� � � � � 3 � o. 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O O �I W� O O O O 00 O � O C.Ti O O O O O U� U7 O O ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. City Project Nos. 102691 & 103020 None. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of 1 FORTW�RTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a"baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 o� wo I WI � __ � w' �' m �l ��I__ _w�� 1-�l —=-_� m ��_ _=�i-- A� WI __�� j; � I_m � �'� � �F t� �S �t � � �� r� tk [� �F r� �1 t4 � � ° ' ., .. � :! 7 ,9 � .:'I :`I :i ,'I :7 �9 . :§ :'i . . �.5 .'I :1 1 ,'I, :1 - . 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V J V J �I V V V V � � ATTACHMENT "E-1" LOCATION MAPS Engineering Design Services for: WATER AND SANITARY SEWER EXTENSIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. City Project Nos. 102691 & 103020 Attached are the locations for water and sanitary sewer lines shown on pages E-2 through E-4, which are numbered as follows: E-2 Project Location Map E-3 Proposed 8" Water Line Sheraton Dr. (Ramey Ave. to Sunshine Dr.) E-4 Proposed 8" Sanitary Sewer Line Sheraton Dr. (Ramey Ave. to Sunshine Dr.) E-1-1 WATER AND SANITARY SEWER EXTENTIONS ON SHERATON DR. FROM RAMEY AVE. TO SUNSHINE DR. CITY PROJECT Nos. 102691 & 103020 1. SHERATON DR. (RAMEY AVE. TO SUNSHINE DR.) 2. SHERATON DR. (RAMEY AVE. TO SUNSHINE DR.) PROPOSED 8" WATER LINE PROPOSED 8" SANITARY SEWER LINE RLG RL G CONSUL TING ElV GINEERS 5601 BRIDGE ST. , SUl TE 420 FOR T WOR TH„ TEXAS 76> 12 817/687— 0080 www.r/ginc.com FIRM REG: F-493 FORT�ORTH ATTACHMENT E-2 PROJECT LOCATION MAP � ATTACHMEIVT E-3 PROPOSED 8" WATER LINE RLG WATER MAIN IMPROVEMENTS SHERATON DR. (RAMEY AVE. TO SUNSHINE DR.) RL G CONSUL TING ENGINEERS FORT WORTH 5601 BRIDGE ST., SUITE 420 FOR T WOR TH„ TEXAS 76112 817/687— 0080 www.rlginc.com F/RM REG: F-493 LEGEND W2072-380 PROP. "OPEN CUT" COUNCIL DISTRICT NO. 5 PROP. VALVE ►t MAPSCO NO. 79N, S PROP. HYDRANT -� PROP. REDUCER � v ,' I J CU N � m I Z _ - � � li Z Y � Z � 16 D.L 9314 5 _ � � 6 D.I. 9314 6 SCALE: N.T.S. � _ - - -- - i __ -I O r�� ,�, . � I ; � '\ � � � � �� '� Z � ,_� PROP. 8 SS I 3 � � � - - � - �� ' �� ; i '�� I —� � � \ i' _ — , - : �\ ;� `. , i _ I `� _ , ---- - ' �- -- - ui °: - - ; - , � I ' '�- - I 0 , �i -- I - 'I , I -_ I , - - � ), �- i -- - � -�- - I -- �- 6 D.t 5680 12 � -- — .I I � - -- - - - - - � ,, � — --� � � � �� . � � _- � m '� i -- � �Z � I , , . , O z Y LEGEND S2072-380 PROP. "OPEN CUT" � COUNCIL DISTRICT NO. 5 PROP. SSMH • MAPSCO NO. 79N, S ATTACHMENT E-4 PROPOSED 8" SANITARY SEWER LINE SANITARY SEWER MAIN IMPROVEMENTS SHERATON DR. (RAMEY AVE. TO SUNSHINE DR.) RL G CONSUL TING ENGINEERS FO�T �O�TH R` 'G FOR T WOR TH„ BTEXA S 76112U1817/687- 0080 www.rlginc.com FIRM REG: F-493 a ATTACHMENT F This Addendum is hereby incorporated into the agreement by reference herein for all purposes. ADDENDUM OF FEDERAL ItEQUIREMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The following sections must be included in bid documents and contracts or subcontracts involving the use of federal funds. 1.01 Terms Applicable to Contractors, Subcontractors aud Suppliers. Contractor understands and agrees that all terms of this Contract, whether regulatory ar otherwise, shall apply to any and all Subcontractors and Suppliers of Contractor which are in any way paid with United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Funds or who perform any work in connection with the Wark. Contractor shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder, including if applicable its obligations regarding the CDBG Regulations, the CDBG Requirements, and the City Requir•ements during the Construction Period. Contractor shall monitor the services and wark performed by its Subcontractors and Suppliers and Others on a regular basis for compliance, as applicable, with the CDBG Regulations, the CDBG Requirements, and the City Requirements as well as the Contract provisions. Contractor must cure all violations of the CDBG Regulations committed by its Subcontractois or Suppliers. Contractor acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and be applicable for the length of the Construction Period and for 5 years thereafter. 1.02 Contractor, Vendor and Subcontractor Requirements. Contractor will use commercially reasonable efforts to ensure that all Subcontractors or Suppliers utilized in the construction of the Work are appropriately licensed and such licenses are maintained throughout the construction of the Work. Contractor shall ensure that all Subcontractors or Suppliers utilized by Contractor in the construction of the Work are not debarred ar suspended from performing the Contractor's, Subcontractor's or Supplier's work by the City, the State of Texas, or the Federal government. Contractor acknowledges that 24 CFR Part 85.35 forbids Contractor from hiring or continuing to employ any Subcontractor or Supplier that is listed on the Federal Excluded Parties List System for Award Management, �v�i��.sam.�ov (`SAM"). Contractor must confirm by search of SAM that all Subcontractors or Suppliers are not listed as being debarred, both prior to hiring and prior to submitting a Partial Pay Estimate which includes invoices from any such Subcontractor or Supplier. Failure to submit such i•p oofs of search shall be an event of default. In the event that City detei�rnines that any Subcontractor or Supplier has been debarred, suspended, or is not properly licensed, Contractor shall immediately cause such Subcontractor or Supplier to stop work on the Work and Contractor shall not be reimbursed for any work performed by such Subcontractor or Supplier. However, this Section should not be construed to be an assumption of any responsibility or liability by City for Addendum of Federal Requirements for CDBG Funds 02.28.19 Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitary Sewer Extensions Project 1 the determination of the legitimacy, quality, ability, or good standing of any Contractor, Subcontractor or Supplier. Conti•actor acknowledges that the provisions of this Section pertaining to SAM shall survive the termination of this Contract and be applicable for the length of the Construction Period. 1.03 Environmental Review. Funds will not be paid, and costs cannot be incurred, until City has conducted and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the project. 1.03.01 Mitigation. If applicable, Contractor must implement mitigation actions outlined in the Environmental Review Record. Failure to complete the required mitigation action is an event of default under this Contract. 1.04 Compliance With All Applicable Laws and Regulations. Contractor agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the term of this Contract and throughout the Construction Period. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570. ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seg.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("I�]EPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738 and Environmental Protection Agency Regulations at 40 CFR Part 15. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer veriiications of legal status of Addendum of Federal Requirements for CDBG Funds 02.28.19 Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitary Sewer Extensions Project 2 its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of inechanics or labarers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements far Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006, (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 1.05 HUD-Assisted Projects and Emplovment and other Economic Opportunities; Section 3 Requirements. 1.05.01 Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements Pertainin� to Section 3 of the Housin� and Urban Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et seq.) and its Related Re�ulations at 24 CFR Part 135 If the construction of the Wark will cause the creation of izew employment, training, or contracting opporiunities on a Contractor or Subcontractor level resulting from the expenditure of the CDBG Funds, Contractor shall comply with the following and will ensure that its Subcontractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: Addendum of Federal Requiretnents for CDBG Funds 02.28.19 Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitaiy Sewer Extensions Project 3 "A. The ��ork to be peifor�naed i�nder� this contract is subject to the i�eqz�ir�ements of Section 3 of HoZrsing anc� Urban Development Act of 1968, as amended, 12 U.S.C. sectiot� 1701ar (Section 3). The panpose of Section 3 is to ensarre that ery�ployment and other econornic opporturrities gener•ated by HUD-assisted programs covered by Section 3, shall to the greatest extent feasible, be di��ected to loti-v- and very-lotiv ii�come persons, particarinr•ly persons �vho ar�e i�ecipients of HUD assistance for housing. B. The parties to this contract agi�ee to comply ��ith HUD's regzrlations in 24 CFR Pai�t 135, which if�7plernent Section 3. As evidenced by theii� execartiorr of this cof�h�act, the parties to this conh�act cer�t�� that they a��e i�nder� rro conb�actzral o�� othei� i»zpediment that tivould preverrt them fi•om complying with the Part 135 rega�lations. C. The conh�actor� ag�ees to send to each labor organization or representative of workers with 1��hich it has a collective ba�gaini��g a��eement of° other� zrncle�•standing, if any, a notice advising the labor• orgaf�ization o�� tia�or•kers' r�ep��esentatives of the conh•actor's commitments under this Section 3 clazrse and will post copies of the notice in conspiczrozrs places at the ��of�k site ��her�e botl� einployees and applicants fo�° �•ainij�g and employmer�t positions can see the notice. The notice shall desci•ibe the Section 3 p��•efererrce, shall set forth minimuf�� nirmber arrc� job titles szibject to hire, availabilit}� of apprentice and h�aining posriio��s, the qzralifrcations for each; and the name and location of the pe��son(s) taking applications fof� each of the positions; and the afaticipated date the work shall begin. D. Tl�e cont��actor ag��ees that it ��ill inclucle this Section 3 clazrse in eveiy sarbconh�act to conzply ti��ith r•egzrlation in 24 CFR Paf•t 135, and agrees to take app��opi°iate actio», as p�°ovided in ai7 applicable p�rovision of the strbconh�act o�° in this Section 3 cla2rse, zrpon fi»ding that the sarbconh"GCZOT� is in violatioj� of the i°egzrlations ii� 24 CFR Par�t 135. The conh�actor• will not szrbconh�act tivith any szrbconh�actor whei�e it has notice of• I�r�owledge that the subcontr�actor has been found in violation of r•egtclations in 24 CFR 135. E. The corrh�actor will ce�°t�� that any vacant e�nployment positions, inclirdin�g tr�aining positions that af�e filled: (1) after the conh�actor is selected but befo�-e the conh�act is execzrted, at�d (2) mith peJ�sons other� tharr those to whom the ��egarlations of 24 CFR Pa�•t 135 r•eqzrii�e employment opportzrf�ities to be di��ected, were rrot filled to ci��camavent the conh�acto��'s obligations aa�der 24 CFR Pai�t 135. The contr�actor• will not szrbcontract ��ith arry szrbconh�acto�- whe�°e it has notice or kno��ledge that the szrbconh°actor has bee» fouf�d in violation of regulations in 24 CFR 135. F. Noncompliaf�ce ��ith HUD's i°egulation in 24 CFR Pa��t 135 may i�eszrlt in sanctions, ter�mination of this conti�actfof° c�efault, arrd debal°ment o�� szrspension fi�onz firtzr�°e HUD-assisted cont��acts. G. With ��espect to tivork pe� foi•naed irr cof�nection with Section 3 Addendum of Federal Requirements for CDBG Funds Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitary Sewer Extensions Project 02.28.19 4 cover•ec� Indian hozrsij�g assistance, sectio�� 7(b) of the Indian Sel.f- Deter�inination and Ec�zrcation Assistaf�ce Act (25 U.S.C. section 450e) also applies to the wor•k to be pe� formed an7der this Contf�act. Section 7(b) r�eqzri�-es that to the gr•eatest extent feasible (i) pr�eference aj�d oppof�ti�nities foi� t��•aining and ejnployment shall be given to Indiaf�s, and (ii) prefej�er�ce ii� the ati��ard of conh�acts and szrbcorrb�acts shall be given to If�dia» oiganizations n»d Indian-o�-vned Economic Enterprises. PaJ�ties to this coj�tract that are szrbject to the p�•ovisiorrs of Sectio» 3 and Section 7(b) agree to cof��ply with Section 3 to the n�aximurn extent feasible, bzrt f�ot in der�ogation of con�pliaf�ce with Section 7(b). " Section to be quoted in covered contracts ends. 1.05.02 Section 3 Reportin� Requirements. In order to comply with the Section 3 requirements, Contractor must submit the form attached as Section 3 Summary Report (form HUD-60002) in accordance with 24 CFR Part 135.90. 1.05.02.01 Contractor must report all applicants for employment by Contractor and any Subcontractor to City on an annual basis. This shall include name, address, zip code, date of application, and status (hired/not-hired) as of the date of the report. 1.05.02.02 Contractor must advertise available positions to the public for open competition, and provide documentation to City with the quarterly report that demonstrates such open advertisement, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 1.05.02.03 Contractor must report all contracts awarded by Contractor and Subcontractor to City on an annual basis. This shall include name of Contractor and/or Subcontractor, address, zip code, and amount of award as of the date of the report. 1.06 Prohibition A�ainst Discrimination. 1.06.01 General Statement. Contractor, in the execution, performance or attempted performance of this Contract, and in operation of services provided on the Property, shall comply with all non- discrimination requirements of 24 CFR 570.607 and the ordinances codiiied at Chapter 17, Article III, Division 4— Fair Hozrsing of the City Code. Contractor may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, members, agents, employees, vendors, or project participants to engage in such discrimination. Addendum o£ Federal Requirements for CDBG Funds Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitary Sewer Extensions Project 02.28.19 5 This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3- E»aploymef�t P��actices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees, vendors, and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees, vendors, or contractors. 1.06.02 No Discrimination in Employment durin� the Performance of this Contract. During the performance of this Contract, Contractor agrees to the following provision, and will require for the construction of the Work that its Subcontractors and Suppliers also comply with such provision by including it in all contracts with its Subcontractors or Suppliers: fSarbcont��acto��'s oi° Sar��lier�'s NaJ��e1 will not unlawfully discriminate against any employee or applicants for employment because of race, colar, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression ar transgender. �Szrbcontr•acto�°'s or� Szr��liei•'s Namel_will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression ar transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment ar recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. fSzrbcont��actoi�'s oi� Su�plier's Name _agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. fSzrbcontracto�°'s or Sai��lier•'s Namel will, in all solicitations or advertisements for employees placed by or on behalf of fSubcontractor's o�° Su�plier's Namel, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. fSZrbconh�actof�'s or Szr�pliey�'s Namel covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions ar privileges of their employment, discriminate against persons because of their age or because of any disability ar perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Addendum of Federal Requirements for CDBG Funds Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitary Sewer Extensions Project 02.28.19 C� ISzrbcont��actor�'s o�� Szr��liej•'s Namel further covenants that neither it nor its officers, members, agents, employees, contractors, ar persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 1.06.03 Contractor's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its contractors. CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF CONTRACTOR'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 1.07 Labor Standards. 1.07.01 As applicable, Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-7) as amended, the provisions of Contract Wark Hours and Safety Standards Act (40 U.S.C. 327 et sec�.) and all other applicable Federal, State and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Contract. Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the United States Department of Labor at 29 CFR Part 5. Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this Contract and the CDBG Regulations. Such documentation shall be made available promptly to City for review upon request. 1.07.02 Contractor agrees that, where required by the CDBG Regulations, all contractors engaged under contract for construction, renovation or repair wark financed in whole or in part with assistance provided under this Contract, shall comply with Federal requirements adopted by City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 1, 3, 5 and 7 goveming the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under these regulations are imposed by state or local law, nothing hereunder is intended to relieve Contractor of its obligation, if any, to require payment of the higher wage. Contractor shall cause or require to be inserted in full Addendum of Federal Requirements for CDBG Funds Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitaty Sewer Extensions Project 02.28.19 7 provisions meeting the requirements of this paragraph in all such contracts subject to such regulations. 1.07.03 If applicable, Contractor and all lower tier subcontractors will comply with the Davis-Bacon Act as described and attached as Federal Labor Standards Provisions — Davis-Bacon Requirements (form HCJD-4010). Contractor shall provide City access to employee payrolls, Subcontractor payrolls and other wage information for persons performing construction of the Wark. Payrolls must be submitted to the Neighborhood Services Department weekly, and must be available to Neighborhood Services Department staff upon request. In addition, Contractor shall ensure that City will have access to employees and Subcontractors and their employees in order to conduct onsite interviews with laborers and mechanics. Contractor shall inform its Subcontractors that City staff and/or Federal agencies may conduct periodic employee wage interview visits during the construction of the Work to ensure compliance. 1.08 Subcontractin� with Small and Miuority Firms, Women's Business Enterprises and Labor Surplus Areas 1.08.01 It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accardingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 1.08.02 In order to comply with Federal reporting requirements, Contractor must submit the form attached as Contract and Subcontract Activity (form HUD-2516) for each contract ar subcontract with a value of $10,000.00 or more paid or to be paid with the CDBG Funds. Contractor shall submit this form annually. 1.09 Ri�ht to Inspect Contractor Contracts It is agreed that City has the right to inspect and approve in writing, prior to any charges being incurred, any proposed contracts between Contractor and (i) its Subcontractors, including any lower tier subcontractars engaged in any activity that is funded as a part of the construction of the Work to ensure they contain Davis-Bacon Act and Section 3 requirements, (ii) Supplier contracts arising out of the construction of the Work, and (iii) any third party contracts to be paid with CDBG Funds. 1.10 Certification Re�ardin� Lobbyin�. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No Fedei°al app��opi�iated firnds have been paid o�• will be paid, by or on behalf of Co�h�actoi�, to any person for ii�flirencing or attempting to inflZrence an o�cer� or� employee of any Cof�h•actor, a mei��ber• of Congress, an officer• or employee of Congi•ess in cof�nection ti��ith the aia�arding of any Federal conh�act, the making of Addendum of Federal Requirements for CDBG Funds 02.28.19 Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitaty Sewer Extensions Project 8 any Fede�•al gr�arrt., the making of any Fedet-al loarr, tl�e errtei°ing irrto of any cooper�ative agreemef�t and the extension, continz�ation, �-enetival, amendnaent, oi� modifrcatioj� of any Fec�e��al co»h-act, g��ant, loan or• coope��atine a��een�ent. If any�iry�ds othey� than federally appt•opriated fin�ds have been paid oN will be paicl to a��y person for infliref�cing or attemptit�g to infliiej�ce an o�cei� o�� employee of any Conh�actof°, membei� of Coi�gress in coni�ection tii�ith this Fedei�al conh�act, graj�t., loarr or cooperative agreeme�t, Conh•actor shall complete and submit Standar•d Fo��m-LLL, "Disclosari•e For�m to Report Lobbying, " in acco��dance with its insh�uctions. This certifrcation is a material representatio� of fact i�porr which reliance was placed 1��hen this Cont��act was fnade or errte�•ec� into. Submission of this certificate is a p��ereqirisite for makrng or entering it�to this Conb�act imposec� by 31 U.S.C. Section 1352. Any pei�sorr who fails to file the r�equii•ed cer•tification shall be subject to a civil penalty of not less than $10, 000. 00 af�c� not mof-e than $100, 000. DO for each such failzn�e. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. Contractar agrees that Contractar is bound by the terms and conditions set out in this Addendum and further agrees that this Addendum is part of the Contract Documents and is incorporated into the Agreement for all purposes. Addendum of Federal Requirements for CDBG Funds Sheraton Drive (Ramey Avenue to Sunshine Drive) CDBG Water and Sanitary Sewer Extensions Project 02.28.19 �