HomeMy WebLinkAboutContract 64017&
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing 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. Designation of Engineer's Personnel
(1) The ENGINEER and CITY shall agree upon the
designation of the ENGINEER's "Project Manager" prior to starting work on
contract.
(2) ENGINEER shall inform CITY in writing of a proposed
change to their designated project manager prior to making the change or
immediately upon receiving notification that the designated project manager
is separating employment with the ENGINEER.
(3) ENGINEER shall provide resumes to the CITY of the
proposed replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
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Standard Agreement for Engineering Related Design Services CPN 101015
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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.
E. 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.
F. 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 e�ent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
City Of FOrt WOfth, Texas Basswood @ US 377 & Kroger @ 377
Standard Agreement for Engineering Related Design Services CPN 101015
Revised Date: June 13, 2025
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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.
G. 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.
H. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue befinreen the CITY and the construction contractor that affect the
amount that should be paid.
I. 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
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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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such 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.
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M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
P. Schedule
Article V
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
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B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
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
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a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the 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 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. 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.
J. 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
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of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with 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
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
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.
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(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable 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 projected termination expenses. The
CITY'S approval shall 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
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
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
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,
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Standard Agreement for Engineering Related Design Services CPN 101015
Revised Date: June 13, 2025
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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. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. 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
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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.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
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 if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2276 of the
Texas Government Code, 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 2276 of the Texas Government
Code. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, ENGINEER
certifies that ENGINEER's signature provides written verification to
the CITY that ENGINEER: (1) does not boycott energy companies; and
(2) will not boycott energy companies during the term of this
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Standard Agreement for Engineering Related Design Services CPN 101015
Revised Date: June 13, 2025
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Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code, 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. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, ENGINEER
certifies that ENGINEER's signature provides written verification to the
CITY that ENGINEER: (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.
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 — Insurance Requirements
City Of FOrt WOfth, Texas Basswood @ US 377 & Kroger @ 377
Standard Agreement for Engineering Related Design Services CPN 101015
Revised Date: June 13, 2025
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Duly executed by each party's designated representative to be effective on the datesubscribed by the C ity's designated Assistant C ity Manager.
BY:
C ITY OF FORT WORTH
Jesica McEachern Assistant C it y Manager
Date: 09/23/2025
ATTEST:
r1� J annette Goodall
C it y Secretary
APPROVAL RE C OMM E NDED:
;e__,z....._ By: Lauren Prieur (Sep 22, 2025 09:48:14 CDT)
Lauren Prieur
Director, Transportat ion & Public Works
APPROVED AS TO FORM A ND LEGALITY
BY: E NGI NEER Westwood Professional Services, Inc.
Brian O'Neill, PE, C FMVice President
Date: 09/11/2025
� By: Douglas Black (Sep 23, 202513:22:13 CDT) .;.;M.;.;;&;.;..C;;;;....;.N.;.;;o;;.;.•.;...: _ ___,;,N"""/."-'A.;.__ _____ _
Douglas W Black Sr. Assistant C ity Attorney .a.a.M"""&"'""C'---'D=-a=t=e"-: -"'""N=/A..;...._ _____ _
Contract Compliance Manager:
By signing, I acknowledge t hat I am t he person re sponsible for t he monitoring and
administration of t his contra ct , including ensuring all performance and re porting re quirement s.
Abby Tucker (Sep 11, 2025 09:20:25 CDT)
Abigail Tucker, PE, RAS
Sr. Professional Engineer
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: June 13, 2025
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Basswood @ US 377 & Kroger@ 377
CPN 101015
FORT WORTH�
ATTACHMENT "A"
Scope for Enqineerinq Desiqn Related Services for Arterial Improvements
The scope set forth herein defines the work to be performed 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.
OBJECTIVE
The project objectives are to provide improvements to Basswood Boulevard at US 377 and
Kroger Drive at US 377. This contract includes permitting, coordination, final design, bid
services and construction services of the intersections. The construction plans previously
completed are to be updated to current standards and utility locations verified.
WORK TO BE PERFORMED
Task 1. Design Management
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Tn�L Q Drclimir»ry I'lcoiivn /C.'(10%\
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Task 4. Final Design (90% and 100%)
Task 5. Bid Phase Services
Task 6. Construction Phase Services
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Task 8. Survey and Subsurface Utility Engineering Services
Task 9. Permitting
Task 10. Quality Control/ Quality Assurance
City of Fort Worth, Texas Page 1 of 13
Attachment A
Revision Date: 05.23.2024
Page 1 of 13
FORT WORTH�;,
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team:
• Lead, manage and direct design team activities
• Ensure Quality Control / Quality Assurance (QC/QA) is practiced in perFormance
of the work. Refer to Task 10 for further details.
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting:
• Attend one (1) constructability review meeting with CITY representatives,
including Traffic Management, at the 90% submittal milestone
• Conduct and document monthly project update meetings with CITY Project
Manager
• Conduct review meetings with the CITY at the end of each design phase
• Conduct QC/QA reviews and document those activities. Refer to Task 10 for
further details
• Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY. Multi-month billing is
not allowed. Months in which no work is being invoiced shall require submission
of a$0.00 invoice. Prepare and submit monthly Project Status Reports in the
format provided by the Transportation and Public Works 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 in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as
defined in the City's Specification 00 31 15 entitled Engineer Project Schedule.
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• 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.
City of Fort Worth, Texas Page 2 of 13
Attachment A
Revision Date: 05.23.2024
Page 2 of 13
FORT WORTH�
• 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
• One (1) constructability review meeting during design
• Eight (8) monthly project update meetings during design phase
• At least one (1) plan review meeting with City
• At least two (2) update and/or plan review meetings with TxDOT
• At least two (2) update meetings with UPRR
• All submittals to the City shall be Quality checked prior to submission.
• Project design phase is anticipated to take six (6) months.
• Project construction phase is anticipated to take nine (9) months.
• Eight (8) monthly updates of Project Status Reports, Opinion of Probable
Construction Cost (OPCC), and project Schedule.
DELIVERABLES
A. Meeting summaries with action items
B. QC/QA documentation
C. Baseline design schedule
D. Monthly Schedule updates with schedule narrative describing any current or
anticipated schedule changes
E. Monthly Project Status Reports
F. OPCC updates with milestone submittals and when new cost figures are
available
G. Plan Submittal Checklists (See Task 10)
H. Monthly invoices
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City of Fort Worth, Texas Page 3 of 13
Attachment A
Revision Date: 05.23.2024
Page 3 of 13
FORT WORTH�
TASK 4.
A. FINAL DESIGN (90 PERCENT)
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
• Final draft construction plans (90%) and Project Manual shall be submitted to CITY per
the approved Project Schedule.
• ENGINEER will review and update construction plans that were previously completed
under separate engineering contract. Updates anticipated are new construction details,
bid item codes, TxDOT standards, UPRR criteria, and CITY specifications. Major design
revisions affecting paving limits, alignments, signal location, illumination pole location,
lane configuration or sidewalk alignments are not included in this scope.
• Signal plans and bid items are to follow TxDOT specification and bid item codes. Paving
and illumination improvements to follow City of Fort Worth standards.
• The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a
Utility Conflicts Table of those conflicts to be included in the Utility Clearance Letter to be
issued by the City PM.
• The ENGINEER shall submit an estimate or opinion of probable construction cost
(OPCC)
B. FINAL CONSTRUCTION DOCUMENTS (100 PERCENT).
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (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.
• A Quantity Summary page will be included in both the 90% and 100% design plans.
Each design sheet of the plans shall also include a quantity take off table.
• The ENGINEER shall submit an estimate of probable construction cost (OPCC)
ASSUMPTIONS
• Two (2) sets of 11"x17" size drawings and one (1) set of the Project Manual will be
delivered for the 90% Design package.
• A PDF created from design CAD drawings and CAD files for the 90% Design and will be
uploaded to the project folder in the City's document management system (eBuilder).
• One (1) sets of 11"x17" size drawings and one (1) set of specifications will be delivered
for the 100% Design package.
• A PDF created from design CAD drawings and CAD files will be uploaded to the project
folder in City's document management system (eBuilder).
City of Fort Worth, Texas Page 4 of 13
Attachment A
Revision Date: 05.23.2024
Page 4 of 13
FORT WORTH�
DELIVERABLES
A. 90% construction plans and specifications including QC/QA documentation.
B. Utility relocation package.
C. 100% construction plans and Project Manual including QC/QA documentation.
D. Detailed estimates of probable construction costs including summaries of bid items and
quantities using the CITY's or TxDOT's standard bid items and format, as applicable
E. Cover sheet in PDF format for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
The CITY reserves the right to deliver the project by bidding it, issuing a work order out of an
existing a unit price contract or by alternative delivery. ENGINEER will support the
construction procurement phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto the City's
document management system (eBuilder) for records.
• Project Manual shall be uploaded in a single PDF file in eBuilder as well as
individual files as required to be included in the City's procurement portal,
Bonfire.
• Bid Proposal Document of the Contract documents shall be uploaded in a file
format of filename extension ".xls".
Unit Price Proposal documents are to be created utilizing the city's unit price
tool only and combined in a specified spreadsheet workbook, Bid Proposal
Worksheet Template, that 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 the City's document management system
(eBuilder) in two formats, PDF and CAD files. The PDF will consist of one file
of the entire plan set.
The ENGINEER will coordinate with the PM to respond to Vendor Discussions
(RFI) and issue Public Notices (addenda) when necessary in Bonfire. 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 will coordinate with the City PM to upload all
approved addenda onto Bonfire as well as eBuilder.
• Attend the pre-bid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
City of Fort Worth, Texas Page 5 of 13
Attachment A
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Page 5 of 13
FORT WORTH�;,
• 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.
• Review all materials received from bidders/proposers, assist the CITY in
evaluating them, and recommend award of the contract. A copy of all submitted
materials is to be uploaded into the project's Bid Results folder on the City's
document management system (eBuilder)
• Incorporate all addenda into the contract documents and issue conformed sets.
After the bid opening, ENGINEER will provide a minimum of 5 full sets of plans, 5
half-size sets and 2 copies of the conformed Project Manual set incorporating all
approved addenda.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• Construction documents will only be made available on the City's procurement
platform, Bonfire.
• Construction documents will not be printed by the CITY and made available for
purchase by plan holders and/or given to plan viewing rooms.
• All procurement materials will be uploaded to the City's procurement platform,
Bonfire, as well as eBuilder.
DELIVERABLES
A. Addenda
B. Recommendation of award as required per project
C. Construction documents (conformed)
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 pre-construction conference.
• After the pre-construction conference, the ENGINEER shall provide project
exhibits and attend one (1) public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location or media and mail notices to
the nearby residents and other stakeholders.
• The ENGINEER shall conduct periodic site visits as needed during the duration of
construction. The ENGINEER will prepare or collaborate with the CITY PM on a
Construction Progress Report using the CITY's standard format and upload in the
City's document management system (eBuilder).
• The ENGINEER shall attend and conduct a biweekly meeting throughout
construction between the ENGINEER, CITY, contractor, subcontractors, and other
permitting entities.
City of Fort Worth, Texas Page 6 of 13
Attachment A
Revision Date: 05.23.2024
Page 6 of 13
FORT WORTH�
The ENGINEER shall review shop drawings, samples and other submittals
submitted by the contractor for general conformance with the design concepts and
general compliance with the requirements of the contract for construction. Such
review shall not relieve the Contractor from its responsibility for performance in
accordance with the contract for construction, nor is such review a guarantee that
the work covered by the shop drawings, samples and submittals is free of errors,
inconsistencies or omissions. The ENGINEER shall log and track all shop
drawings, samples and other submittals in the City's document management
system (eBuilder).
• ENGINEER shall review material substitution requests, issue a recommendation
and incorporate approved substitutions into the Record Drawings.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, respond to Request for Information (RFI)
from the contractor, review change orders, and make recommendations as to the
acceptability of the work. The ENGINEER will meet with the Project Delivery
Team and Contractor on-site to review any field changes.
• 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.
Information provided by the CITY may include, but is not limited to the following:
o As-Built Survey provided by the contractor, which includes vertical and
horizontal coordinates of all water, sewer and storm drain assets, and in
accordance with the Construction (As-Built) Survey Specification.
ENGINEER shall verify accuracy of the data provided by contractor and
conformance with requirements.
o Red-Line Markups from the Contractor
o Red-Line Markups from City Inspector
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:
These Record Drawings were prepared using information
provided by others and represent the as constructed
conditions to the extent that documented changes were
provided for recording. The ENGINEER assumes no liability
for undocumented changes and certifies only that the
City of Fort Worth, Texas Page 7 of 13
Attachment A
Revision Date: 05.23.2024
Page 7 of 13
FORT WORTH�
documented changes are accurately depicted on these
dra wings.
The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or
higher). The set must include the cover sheet bearing City official signatures.
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 digital files.
• There shall be one (1) PDF file and one (1) CAD file for the TPW plan set and a
separate PDF and CAD file for the Water plan set, if required. Each PDF file
shall contain all associated sheets of the particular plan set. Sinqular PDF files
for each sheet of a plan set will not be accepted. PDF 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 files shall be uploaded to the project's Record Drawing folder in the City's
document management system (eBuilder).
For information on the proper manner to submit Record Drawing files and to obtain
a file number for the project, the ENGINEER should coordinate with the City
project manager. 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
• One (1) Pre-Construction Community Meeting is assumed.
• Twenty (20) biweekly construction meetings are assumed.
• Nine (9) months of construction are assumed.
• Three (3) submittal reviews are assumed.
• Eight (8) RFI's are assumed.
• One (1) Change Orders are assumed.
DELIVERABLES
A. Community meeting exhibits
C. Response to Contractor's Request for Information
City of Fort Worth, Texas Page 8 of 13
Attachment A
Revision Date: 05.23.2024
Page 8 of 13
FORT WORTH�
D. Review of Change Orders
E. Review of shop drawings
G. Record Drawings in electronic format
.,
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1. Design Survey
• ENGINEER will research, through DIGTESS, any new utilities that have been
installed since the original Level B SUE was conducted.
• If new utilities have been identified, ENGINEER will map these utilities and verify
location with Level A test holes.
8.3. Subsurface Utility Engineering
If requested after utility confirmation, provide Subsurface Utility Engineering (SUE) to
Quality Level A, as described below. The SUE shall be performed in accordance
with Cl/ASCE 38-02.
Level A
• Expose and locate utilities at specific locations where conflicts may occur.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
ASSUMPTIONS
Up to two (2) Level A test holes are included. Level A test hole information to be
provided:
1. Prior to construction, at critical locations, to confirm franchise utility conflict has
been in fact cleared.
DELIVERABLES
A. Test hole summary sheet with size, depth, material, northing, easting, and other
available information.
City of Fort Worth, Texas Page 9 of 13
Attachment A
Revision Date: 05.23.2024
Page 9 of 13
FORT WORTH�
TASK 9. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows:
9.1 Texas Department of Transportation (TxDOT) Permit
• Meet, negotiate and coordinate to obtain approval of the agency issuing the
agreement and/or permits.
• Completing all forms/applications necessary.
• Submitting forms/applications for CITY and TxDOT review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.2. Railroad Permit
• Meet, negotiate and coordinate to obtain approval of the agency issuing the
agreement and/or permits.
• Completing all forms/applications necessary.
• Submitting forms/applications for CITY review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.3 Texas Department of Licensing and Regulation (TDLR)
• Identify and analyze the requirements of the Texas Architectural Barriers Act,
Chapter 68 Texas Administrative Code, and become familiar with the
governmental authorities having jurisdiction to approve the design of the Project.
• ENGINEER is responsible for providing plans that are in compliance with TDLR
requirements.
• Submit construction documents to the TDLR
• Completing all TDLR forms/applications necessary
• Obtain the Notice of Substantial Compliance from the TDLR
• Request an inspection from TDLR or a TDLR locally approved Registered
Accessibility Specialist no later than 30 calendar days after construction
substantial completion. Advise the CITY in writing of the results of the inspection.
• Responding to agency comments and requests
• All costs associated with TDLR plan review and inspections are to be paid by the
ENGINEER during the course of the project.
City of Fort Worth, Texas Page 10 of 13
Attachment A
Revision Date: 05.23.2024
Page 10 of 13
FORT WORTH�;,
9.4 Storm Water Pollution Prevention Plan
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.
ASSUMPTIONS
• At least two (2) update and/or plan review meetings with TxDOT
• At least two (2) update meetings with UPRR
DELIVERABLES
A. Copies of Permit Applications
B. Copies of Approved Permits
TASK 10. QUALITY CONTROL / QUALITY ASSURANCE
ENGINEER to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan)
outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are
incorporated into the calculations, plans, specifications, and estimates.
ENGINEER is responsible for and shall coordinate all subconsultant activity to include
quality and consistency of plans.
If, at any time, during the course of reviewing a submittal of any item it becomes apparent to
the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may
cease its review and return the submittal to the ENGINEER immediately for appropriate
action. No additional time will be granted.
10.1. QC/QA of Survey and SUE Data
• The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on
all procedures, field surveys, data, and products prior to delivery to the CITY. The
CITY may also require the ENGINEER's Surveyor to perform a Quality
Assurance review of the survey and/or subsurface utility engineering (SUE) work
performed by other surveyors and SUE providers.
• ENGINEER's Surveyor shall certify in writing via a letter that the survey
information provided has undergone a Quality Control/ Quality Assurance
process.
• ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a
letter that the SUE information provided has undergone a Quality Control/ Quality
Assurance process.
10.2. QC/QA of Design Documentation
• ENGINEER shall perForm a QC/QA review of all documents being submitted for
review at all stages of the design including the 30%, 60%, and 90% and Final
City of Fort Worth, Texas Page 11 of 13
Attachment A
Revision Date: 05.23.2024
Page 11 of 13
FORT WORTH�
Document design review submittals. QA should be performed by an individual
within the firm who is not on the design team.
ENGINEER is to acknowledge that each item on the Detailed Checklist has been
included by checking "done" on the checklist. If a particular checklist item is not
applicable, this should be indicated by checking "N/A". If an entire checklist is
not applicable, this should be indicated by checking every item on the list as
"N/A" and still included with the submittal. The ENGINEER shall use the Detailed
Checklist provided by CITY.
• A Comment Resolution Log must be used to document conflicting comments
between reviewers and to highlight comments made by the CITY that the
ENGINEER is not incorporating into the design documents along with the
associated explanation. The ENGINEER shall use the Comment Resolution Log
provided by CITY.
• The documentation of a QC/QA review includes (1) a copy of the color-coded,
original marked-up document (or "check prinY') developed during the QA
checking process and/or review forms which sequentially list documents and
associated comments; and (2) a summary list of the findings of the QC effort.
• Evidence of the QC/QA review will be required to accompany all submittals.
Documentation shall include, but is not limited to, the following items:
- PDF of the completed Detailed Checklists
• If any of the above information is missing, is incomplete or if any comments are
not adequately addressed; the CITY may contact the ENGINEER and request
the missing information. If the ENGINEER does not respond to the request
within 24 hours, the CITY shall reject the submittal. No additional time will be
granted to the design schedule for a returned submittal. ENGINEER shall plan to
recover the lost time with future project milestones remaining unchanged.
• If the ENGINEER has not adequately addressed the comments, the submittal
shall be rejected and returned to the ENGINEER immediately to address the
issues.
ASSUMPTIONS
• All submittals to the City will be Quality checked prior to submission.
• A PDF of the QC/QA documentation will be uploaded to the project folder in the
City's document management system (eBuilder).
DELIVERABLES
QC/QA documentation
a. Comment Resolution Log
b. Summary of the QC effort findings
City of Fort Worth, Texas Page 12 of 13
Attachment A
Revision Date: 05.23.2024
Page 12 of 13
FORT WORTH�
TASK 10. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Street Water Traffic Traffic Traffic
Traffic Traffic Control Control Control
Storm Storm Lights /Sewer o p o
Attachment "A" Signal Engineering 30 /0 60 /0 90 /o
Type (Submit All Water Water (Submit (Submit �Submit All
@ 30%) 30% 60% All @ All @ p� 60%) Required for all work in City
30% 60%) ROW
Street 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:
• Conceptual or Preliminary plan submittals.
• Negotiation of easements or property acquisition, unless included as part of Section 7.
• Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Administration of the construction contract and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• 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 to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
City of Fort Worth, Texas Page 13 of 13
Attachment A
Revision Date: 05.23.2024
Page 13 of 13
ATTACHMENT B
COMPENSATION
Design Services for
Basswood @ US 377 and Kroger a� 377
City Project No. 101015
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in perForming the PROJECT multiplied by the appropriate Labor
Cateqory Rate for the ENGINEER's team member performing the work.
Labor Cateqory Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category 2025 Rate 2026 Rate
$/hour $/hour
Princi al 305 310
Senior Pro'ect Mana er 260 265
Senior En ineer 205 210
Pro�ect En ineer 155 160
CAD Technician 100 105
Administrative Su ort 100 105
Surve Pro�ect Mana er 235 240
Surve Technician 150 155
Field Crew - Crew Chief 135 140
Field Crew - Instrument O erator 95 100
Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 4
Basswood @ US 377 & Kroger @ 377
CPN 101015
�
ATTACHMENT B
COMPENSATION
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by the
City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER in
performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 2 of 4
Basswood @ US 377 & Kroger @ 377
CPN 101015
�
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Prime Consultant
Westwood Professional Project Management, Final
Services, Inc. Design, Permitting, Bid Phase,
and Construction Phase
Proposed Sub-Consultants
Yellow Rose Mapping Subsurface Utility Engineering
TBD RAS Review and Inspection
TOTAL
Fee Amount %
87,100 92.6
5,000 5.3
2,000 2.1
$94,100 100%
Project Number 8� Name Total Fee Subconsultant Subconsultant
Fee %
Basswood @ US 377 and Kroger $ 94,100 $ 7,000 7.4 %
377
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 3 of 4
Basswood @ US 377 & Kroger @ 377
CPN 101015
�
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 4 of 4
Basswood @ US 377 & Kroger @ 377
CPN 101015
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Basswood @ US 377 and Kroger @ 377
City Project No. 101015
None
Basswood @ US 377 & Kroger @ 377
CPN 101015
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
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ATTACHMENT E: PROJECT LOCATION MAP
I
1 inch = 2,500 feet
0 1,000
Feet
DATUM
NAD 1983 TEXAS STATE PLANE
NORTH CENTRAL ZONE FIPS 4202
NOTES
BACKGROUND IMAGE FROM
ESRI AERIALS
City of Fort Worth- CPN 101015
Basswood @ US 377 & Kroger @ 377
EXHIBIT F
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
i. 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
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 City specifically approves such exclusions in
writing.
ii. Insured waives all rights against 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 Agreement.
b. Business Auto Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
hired, and non-owned autos, when said vehicle is used in the course of
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against 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 Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
c. Insured shall maintain workers compensation and
employer s liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. liability shall not be limited to the
specified amounts of insurance required herein.
d.
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e.
in the event of non-payment of premium.
f. 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 .
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its 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 City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review insurance policies including endorsements thereto and, at
City's discretion, Insured 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 this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
l. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
Insured shall provide City with documentation thereof.
��
Attachment Code: D583373 Certificate ID: 22282275
CNA CNA PARAMOUNT
BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE ENDORSEMENT
POLICY NO: 7011509284
EFFECTIVE DATE: 1 1 /112 024
FORM: CNA75079XX (3-22)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as
an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising
injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. In the performance of your ongoing operations subject to such written contract; or
B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage
included in the products-completed operations hazard, and only if:
1. The written contract requires you to provide the additional insured such coverage; and
2. This Coverage Part provides such coverage; and
C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
1. Coverage broader than what you are required to provide by the written contract; or
2. A higher limit of insurance than what you are required to provide by the wriHen contract. Any coverage granted by this Paragraph I. shall
apply solely to the extent permissible by law.
II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its
entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an
additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury
caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. In the performance of your ongoing operations subject to such written contract; or
B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the
products-completed operations hazard, and only if:
1. The written contract requires you to provide the additional insured such coverage; and
2. This Coverage Part provides such coverage.
III. But if the written contract requires:
A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 1001 edition of CG2037; or
B. Additional insured coverage with "arising out of' language;
then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an
additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury
arising out of your work that is subject to such written contract.
IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its
entirety and replaced by the following:
V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal
and advertising injury arising out of:
A. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or
drawings and specifications; and
Attachment Code: D583373 Certificate ID: 22282275
2. Supervisory, inspection, architectural or engineering activities; or
B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this
Coverage Part.
VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to
add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part:
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to
and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. Primary and non-contributing with other insurance available to the additional insured; or
2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this
insurance will be excess of all other insurance available to the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is
amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of
the claim; and
3. Make available any other insurance, and endeavor to tender the defense and indemnity of any claim to any other insurer or self-insurer,
whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this
insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a
named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the
additional insured.
VIII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this
Coverage Part, provided the contract or agreement:
A. Was executed prior to:
1. The bodily injury or property damage; or
2. The offense that caused the personal and advertising injury;
for which the additional insured seeks coverage; and
B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective
date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said
Policy.
POLICY NO: 7011509284
EFFECTIVE DATE: 1111/2024
FORM: CNA75079XX (3-22)
Attachment Code: D583373 Certificate ID: 22282275
CNA PARAMOUNT
Amendment - Additional Insured Limit Provisions
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
When the Named Insured agrees in a written contract to make another entity an Additional Insured, and to
carry particular limits of liability insurance, and
• The minimum limit of insurance the written contract requires the Named Insured to carry is lower than the
limit of insurance otherwise provided by this Policy; and
. The written contract does not specify a limit of liability for insurance that applies excess of this Policy,
then provisions in this Policy's Additional Insured endorsements that cap the limits available to such
Additional Insureds to no more than the amount specified by the written contract continue to apply. In all
other instances, however, such provisions in all Additional Insured endorsements attached to this policy do
not apply, and are hereby rendered null and void. In no event, however, will the limits of insurance available
under this Policy to an Additional Insured be higher than the limits available to the Named Insured.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated
Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another
effective date is shown below, and expires concurrently with said Policy.
Page 1 of 1
Policy No: 7011509284
Form Number: CNA91567XX 03-18
Effective Date: 11 /1 /2024
Insured Name: WESTWOOD PROFESSIONAL SERVICES, INC.
Copyright CNA All Rights Reserved.
Attachment Code: D583373 Certificate ID: 22282275
Business Auto Policy
roiicy tnqorsement
B. Transfer Of Rights Of Recovery Against Others To Us
The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To
Us:
We waive any right of recovery we may have, because of payments we make for injury or damage,
against any person or organization for whom or which you are required by written contract or
agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or
organization.
You must agree to that requirement prior to an accident or loss.
Form No: CNA63359XX (04-2012)
Policy No: 7011509298
EFF Date: 11/1/2024
Attachment Code: D583373 Certificate ID: 22282275
C9►/_\J_1:7_LTiL�l�
Architects, Engineers and Surveyors General Liability
Extension Endorsement
26. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to
CNA74858XX (1-15) Policy No: 7011509284
Endorsement No 7
The Continental Insurance Co. Effective Date: 11/1/2024
Insured Name: WESTWOOD PROFESSIONAL SERVICES, INC.
Copy CNA All rights Reserved. Includes copyrighted material of Insurance Services Office., Inc with its permission.
Attachment Code: D583373 Certificate ID: 22282275
POLICY NUMBER: 7011509298
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
- BUSINESS AUTO PLUS -
CNA63359XX
(Ed. 04/12)
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE A. Who Is An Insured
The following is added to Section II, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of
inception of this Coverage Form; provided that,
b. The insurance afforded by this provision A.1. does not apply to any such entity that is an 'insured' under any
other liability'policy' providing'auto' coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture,
and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this
Coverage Form, or the next anniversary of its inception date, whichever is earlier.
b. Does not apply to:
(1)'Bodily injury' or'property damage' caused by an'accidenY that occurred before you acquired or
formed the organization; or
(2) Any such organization that is an 'insured' under any other liability "policy" providing "auto' coverage.
3. Any person or organization that you are required by a written contract to name as an additional insured is an 'insured"
but only with respect to their legal liability for acts or omissions of a person, who qualifies as an 'insured" under Section II —
Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this
insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured.
CNA63359XX
(Ed. 04/12)
Attachment Code: D583373 Certificate ID: 22282275
Workers Compensation And Employers Liability Insurance
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover
from under a written contract or agreement.
The premium charge for the endorsement is reflected in the Schedule of Operations.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Form No: WC 00 03 13 (04-1984)
Endorsement Effective Date: 11/1/2024
Policy No: 7011509303 (AOS)
Attachment Code: D583373 Certificate ID: 22282275
�� '1��
Workers Compensation And Employers Liability Insurance
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two -
Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California
exposure. The amount is 2%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect
on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement
Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: G-19160-B (11-1997) Policy No: 7018431689 (CA)
Policy Effective Date:11/1/2024
Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 46 Underwriting Company: Continental Casualty
Company, 151 N Franklin St, Chicago, IL 60606
O Copyright CNA All Rights Reserved.
FORTWORTH
Routing and Transmittal Slip
Transaortation & Public Works
Department
DOCUMENT TITLE: gasswood @ US 377 & Kroger @ US 377 — Professional
Services Agreement
M&C
CPN 101015-1 CSO #
DOC# 1
DATE 9_8_2025
TO: DEPARTMENT INITIALS DATE OUT
1. Jaylyn Harrelson - review TPW �� 09/11/2025
2. Abby Tucker - signature TPW �� 09/11/2025
3. Brian O'Neill - signature Consultant � 09/11/2025
4. Raul Lopez - review TPW �� 09/16/2025
5. Lissette Acevedo - review TPW � 09/18/2025
6. Patricia Wadsack - review TPW p[,,'�/' 09/19/2025
7. Lauren Prieur - signature TPW �9 09/22/2025
8. Doug Black - signature Legal �,,,�� 09/23/2025
9. Jesica McEachern - signature CMO � 09/23/2025
10. Jannette Goodall - signature CSO ,a ,ti��� 09/24/2025
11. TPW Contracts TPW
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes � No
RUSH: ❑ Yes � No SAME DAY: ❑ Yes � No NEXT DAY: ❑ Yes � No
ROUTING TO CSO: � Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
� Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return To: Please call TPW Contracts at ext. 7233 for pick up when completed. Thank you.