HomeMy WebLinkAboutContract 59888CSC No. 59888
CITY OF FORT WORTH, TEXAS
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This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the
"CITY"), and GEOTEX Engineering, authorized to do business in Texas, an independent
contractor ("Consultant"), for a PROJECT generally described as: Fire Station 35 PAST
Trainer Pad, 2201 Flight Line Rd. Fort Worth, TX.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" — Construction Materials Testing Services;
3. Attachment "B" — Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services
set forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with Fire Station 35 PAST Trainer Pad.
(2) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of $2,885.00 unless the City
and the Consultant mutually agree upon a fee amount for additional services and amend
this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
City of Fort Worth, Texas Standard Agreement for Professional Services
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Page 1 of 11 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act or
omission of the City in connection with such services.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of until
Certificate of Occupancy Issuance, beginning upon the date of its execution, or until the
completion of the subject matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated
by the local, state and national boards, bureaus and agencies. Approval by the
City shall not constitute or be deemed to be a release of the responsibility and
liability of Consultant or its officers, agents, employees, contractors and
subcontractors for the accuracy and competency of its services performed
hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's
City of Fort Worth, Texas
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agent, consultant under contract, or another entity over which the
Consultant's exercises control.
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance,
nor shall Consultant allow any subcontractor to commence work on its subcontract
until all similar insurance of the subcontractor has been so obtained and approval
given by the City; provided, however, Consultant may elect to add any
subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be on
any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services,
Attention: Brian R. Glass, 401 West 13t" Street, Fort Worth, TX 76012, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non -renewal, and/or material change in policy terms or
City of Fort Worth, Texas
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coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article VIII
City of Fort Worth, Texas Standard Agreement for Professional Services
Revision Date: 9/27/2021 Project
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Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice
of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall
be or become the property of the City, and shall be furnished to the City prior to or
at the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions
of this section. City shall give Consultant reasonable advance notice of intended
audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision
to the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub -consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub -
consultant facilities, and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub -consultant reasonable advance notice of intended
audit.
City of Fort Worth, Texas
Revision Date: 9/27/2021
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(3) Consultant and sub -consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation — NOT
REQUIRED
LTA-
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than three (3` years
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
City of Fort Worth, Texas Standard Agreement for Professional Services
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Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
/_1IRM C-:11IF1
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to
be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Attn: Nikita Watts
Sr Capital Projects Officer
401 West 13t" Street
Fort Worth, Texas 76102
Consultant:
GEOTEX Engineering
Attn: AJ Jackson Sr., Business Development
14805 Trinity Blvd.
Fort Worth, TX 76155
City of Fort Worth, Texas
Revision Date: 9/27/2021
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Standard Agreement for Professional Services
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Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
Article XVII
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation for
all employees, and upon request, provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement.
Vendor shall establish appropriate procedures and controls so that no services will be
performed by any employee who is not legally eligible to perform such services. Vendor
shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement. Vendor shall indemnify City from any penalties or
liabilities due to violations of this provision. City shall have the right to immediately terminate
this Agreement for violations of this provision by Vendor.
No Bovcott of Israel
If Contractor has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Contractor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Agreement, Contractor certifies that Contractor's signature
provides written verification to City that Contractor: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the Agreement.
City of Fort Worth, Texas Standard Agreement for Professional Services
Revision Date: 9/27/2021 Project
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Prohibition on Bovcottinq Energv Companies
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company
that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement.
Prohibition on Discrimination Aqainst Firearm and Ammunition Industries
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
City of Fort Worth, Texas Standard Agreement for Professional Services
Revision Date: 9/27/2021 Project
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Page 9 of 11
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
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administration of this contract, including
By:
Dana 3urg ,2o23 DT)
ensuring all performance and reporting
Name:
Dana Burghdoff, AICP
requirements.
Title:
Assistant City Manager
Aug 3, 2023
Date:
By:
Approval Recommended:
Name: Nikita Watts
Title: Sr. Capital Projects Officer
Approved as to Form and Legality:
By:
Name:
Ricardo Salazar
Title:
Interim Director, Property
C s
Management
Dept.
By: 0
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Name: John B. Strong
Attest:
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Title: Assistant City Attorney
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Contract Authorization: Not Required
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M&C: N/A
By:
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Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
GEOTEX Engineering
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AJ Jackson, Sr. (Jul27, 2023 13:35 CDT)
By:
Name: AJ Jackson, Sr
Title: Business Development
Date: Jul 27, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Standard Agreement for Professional Services
Revision Date: 9/27/2021 Project
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Page 10 of 11
GEOTEX
ENGINEERING
July 21, 2023
Proposal No.: P23-0738
Don Isaacs
City of Fort Worth -Property Management Department
Donald. Isaacs (a,fortworthtexas.2ov
Subject: Construction Materials Testing Services
Fire Station 35
Fort Worth, Texas
Dear Mr. Isaacs:
ATTACHMENT "A"
Geotex Engineering is pleased to submit this proposal for construction materials testing for the above -
referenced project. We understand that the project entails two small foundation pads located at 2201
Flight Line Road Fort Worth, Texas 76177.
It is our understanding that we've been selected to perform the testing and observation of the following
renovation addition, due to our qualifications. We have prepared a budgetary estimate for the stated
project.
This budget is based on the stamped structural plans dated July 17, 2023.
PROJECT INFORMATION
Based on our review of the structural plans, we understand that the project will consist of the following:
♦ (2) Small foundation pads:
Test the subgrade with a minimum pock penetrometer requirement of 1,500psf.
14805 Trinity Boulevard, Fort Worth, Texas 76155
Phone:817.529.8464 • Fax:817.529.8465 • www.geotex-engineering.com
Texas Engineer Firm Registration # F-12796
Oklahoma Engineering Firm Certificate of Authorization CA 7181
Fire Station 35
Fort Worth, Texas
SCOPE OF SERVICES
The following scope of services is based on our review of the project documents and is limited to
providing testing and/or observations for the previously mentioned construction. We do request that
your construction representative provide us with a 24-hour notice for scheduling purposes. Same -day
call -ins will be billed at premium rates. As such, we agree to provide the appropriate personnel to
perform the below construction materials services.
Earthwork
➢ Perform in -place pocket penetrometer tests along the foundation subgrade at random
locations.
Cast -In -Place Concrete
➢ Perform testing during concrete placements, which will include:
perform ambient and concrete temperature determinations
perform entrained air content determination
perform slump determination
➢ Cast concrete test cylinders at the proposed rate of 6/150 cubic yards of concrete placed for
structural concrete, or a fraction thereof placed per day.
➢ Compressive strength determination of concrete test cylinders with two tested at 7 days,
two tested at 28 days and two reserved at 56 days.
Fire Station 35
Fort Worth, Texas
Notes and Qualifications:
Preparation of a compliance letter or other tasks and services that will require Professional Engineering
(PE) hours will be billed at the PE's rate of $185/hour.
COMPENSATION
While testing is dependent on the construction sequence, contractor performance and efficiency,
weather conditions, and the actual testing performed, we suggest an estimated budget of $2,885.00.
The invoicing for this project will use the attached Fee Schedule and the actual quantity of work
performed. The estimated budget will not be exceeded without prior approval. Services provided by
Geotex Engineering will be consistent with the engineering standards prevailing at the time and in the
area that the work is performed; no other warranty, express or implied, is intended. Estimates are valid
for 60 days. Any additional testing that the client requests will be billed.
A Letter of Agreement for your execution will be forwarded to your office upon your approval of this
proposal.
We appreciate the opportunity to provide you with our services. Please call if you have any questions or
wish to discuss any aspect of our proposal.
Sincerely,
Geotex Engineering, LLC
AJ Jackson, Sr.
Business Development
Attachments: Budget Estimate
f< ..... /Y D&S Geotex Engineering
GEOTEX 14805 Trinity Boulevard
Fort Worth, Texas 76155
ENGINEERING Phone: 817.529.8464
Budget Estimate for Construction Materials
Testing & Observation Services
Fire Station 35
Fort Worth, TX
23-0738
Item Quantity Unit Unit Rate Total
Earthwork Observation & Testing Foundation Pads
In Place Pocket Penetrometer testing, first 1.5 hour 2 each $180.00 $360.00
In Place Pocket Penetrometer testing, after first 1.5 hour 5 hour $55.00 $275.00
Project Manager 2 hour $105.00 $210.00
Project Administration n/a % 10 $85.00
Estimated Total for Earthwork Services for Foundation Pads: $930.00
Concrete Observation & Testing for Foundations
Concrete Test Cylinders (4 X 8 inch)
Engineering Concrete Technician (Min. 3 hrs. per trip)
Cylinder Pick-ups
Trip Charge
Project Manager
Project Administration
Project Setup Fee
12
each
$20.00
12
hour
$50.00
2
each
$160.00
4
trip
$45.00
2
hour
$105.00
n/a
%
10
Estimated Total for Concrete Services for Foundations
1 I each 1 $250.00
Estimated Total for Professional Services
Estimated Base Bid Total for the Above Services
SCHEDULED ASSUMPTIONS AND NOTES
We have estimated (2) trips for testing the subgrade of the two foundation pads using a pocket penetrometer.
We've estimated (2) small concrete placements for the foundations.
NOT INCLUDED IN REQUIREMENTS OR THE BUDGET
Tests in excess of above stated quantities or additional tests not listed
Retesting of any failed tests / observation
Project compliance letter
$240.00
$600.00
$320.00
$180.00
$210.00
$155.00
$1,705.00
$250.00
$250.00
$2,885.00
The fees listed above for field and laboratory tests, include the equipment necessary to accomplish the task. Fees
not listed above are available upon request. Overtime at 1.5 times the normal rate will be billed for time in excess of
8 hours per day and Saturdays, and for time worked before 7 a.m and after 6 p.m. Overtime at 2.0 times the normal rate
will be billed for Sundays and holidays. Same -day call -ins to be billed at 1.5 times the hourly rate. Estimates are valid
for 60 days. Should Geotex Engineering be required to attend project -related construction meetings, whether
in -person, virtual, or by phone conference, personnel and travel expenses will be billed at applicable rate
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
GEOTEX ENGINEERING
14805 TRINITY BLVD.
FORT WORTH, TX 76155
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President / CEO
Other Title:
Date:
City of Fort Worth, Texas
Revision Date: 9/27/2021
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