HomeMy WebLinkAbout059041-CO1 - Construction-Related - Contract - Sundt Construction, Inc.FORT WORTH:
March 6, 2026
CSC No. 59041-CO1
Sundt Construction, Inc.
8445 Freeport Parkway, Suite 240
Irving, Texas 75063
ATTN: Ben Miron, P.E. —Area Manager
Re: Extra Work Change Order - Cromwell Marine Creek Road westbound lanes
Dear Mr. Miron,
As you are aware, in late Summer 2025 City of Fort Worth (City) staff determined that the road excavation from the
intersection with Bob Hanger Street to the bridge over Marine Creek resulted in a roadway elevation generally
incompatible with respect to the adjacent neighborhood streets. The original plans included substandard
transitions from the thoroughfare at the intersections of Neptune Street, Provinces Street, Britannic Street, Cape
Street and Bay Lake Drive. The City maintains that there was an error in design which the CMAR, during
preconstruction phase, should have identified and rectified during design review.
On September 18, 2025, the City ordered Sundt to stop work in this area of Area 2 while a solution to provide
smoother street connections was developed.
Due to the need to keep the project moving, the plan and profile sheets along the westbound lanes of Cromwell
Marine Creek Road have been revised and include adjustments to the roadway profiles of Bob Hanger Street,
Neptune Street, Provinces Street, Britannic Street, and Crystal Lake Drive as well as near the intersections of Cape
Street and Bay Lake Drive. The City has taken the initiative to fund the construction costs related to the Extra Work
(see General Conditions Definitions and Article 10) for the removal and reconstruction of Cromwell Marine Creek
Road westbound lanes and a section of Bob Hanger Street at the intersection with Cromwell Marine Creek Road to
better connect with the neighborhood streets.
The Extra Work amount is $2,387,411.79 and includes an additional 113 calendar days. The Extra Work does not
include the 5.75% CMAR fee of $117,936.46. This amount is being withheld pending the outcome of the City's
investigation into the cause of this error. Similarly, the Extra Work cost is not being incorporated into the GMP at
this time. An M&C is expected to be heard by the City Council on March 10, 2026, to authorize the City's funding of
the Extra Work. City Council approval of the M&C and issuance of the change order does not waive City's right to
recover costs at law or in equity.
The City is, hereby, notifying Sundt to proceed to perform this Extra Work as per the schedule presented to my
staff for the prices contained in the attached pricing sheet.
Sincerely,
OFFICIAL RECORD
CITY SECRETARY
Lauren Prieur (Mar 6, 2026 09.49:38 CST)
Lauren Prieur, P.E. FT. WORTH, TX
Director, Transportation and Public Works Department
Transportation & Public Works Department
City of Fort Worth • 100 Fort Worth Trail, Fort Worth, TX 76102
0
SUNDT
CROMWELL MARINE CREEK ROAD WIDENING IMPROVEMENTS
JDATE 2/6/2026
CPN 101012
SUNDT ROM SUNDT + SUBS (BEST VALUE)
Biditem
Description
Add/Credit
Bid Quantity
Unit
Direct U.Cost
Bid Price
Direct U.Cost
Bid Price
1000
REMOVAL& EARTHWORK
ADD
1.000
LS
$ 674,250.04
$ 674,250.04
$ 643,185.09
$ 643,185.09
1800
WATER & WASTEWATER
ADD
1.000
LS
$ 42,365.98
$ 42,365.98
$ 40,132.45
$ 40,132.45
2000
UNDERGROUND & STORM DRAIN
ADD
1.000
LS
$ 64,140.67
$ 64,140.67
$ 64,140.67
$ 64,140.67
3000
FLATWORK
ADD
1.000
LS
$ 203,857.16
$ 203,857.16
$ 170,438.79
$ 170,438.79
4000
TRAFFIC CONTROL
ADD
1.000
LS
$ 46,131.10
$ 46,131.10
$ 46,131.10
$ 46,131.10
5000
CONCRETE PAVING
ADD
1.000
LS
$ 990,315.54
$ 990,315.54
$ 990,315.54
$ 990,315.54
6000
RETAINING WALL/GRADING ADDITIONS
ADD
1.000
LS
$ 301,159.15
$ 301,159.15
$ 301,159.15
$ 301,159.15
7000
RFI042 MEDIAN REMOVAL/CELLTOWER
GRADING CLARIFICATIONS
ADD
1.000
LS
$ 56,821.51
$ 56,821.51
$ 56,821.51
$ 56,821.51
1000
REMOVAL & EARTHWORK
CREDIT
1.000
LS
$ (146,341.36)
$ (146,341.36)
$ (140,087.10)
$ (140,087.10)
1800
WATER & WASTEWATER
CREDIT
1.000
LS
$ (21,500.00)
$ (21,500.00)
$ (17,000.00)
$ (17,000.00)
2000
UNDERGROUND & STORM DRAIN
CREDIT
1.000
LS
$ (55,342.00)
$ (55,342.00)
$ (55,342.00)
$ (55,342.00)
3000
FLATWORK
CREDIT
1.000
LS
$ (213,912.28)
$ (213,912.28)
$ (221,620.86)
$ (221,620.86)
5000
CONCRETE PAVING
CREDIT
1.000
LS
$ (555,011.54)
$ (555,011.54)
$ (555,011.54)
$ (555,011.54)
Subtotals
$ 1,386,933.97
$ 1,323,262.80
TIME RELATED EXPENSES 06 WEEKS)
$ 646,320.00
$ 646,320.00
CMAR Contingency
$ 57,436.00
$ 57,436.00
INSURANCE
0.644%
$ 13,464.04
$ 13,054.00
BOND
.539%
$ 11,341.39
$ 10,995.99
CMAR Fee
5.75%
$ 121,640.99
$ 117,936.46
TOTAL
$ 2,237,136.39
$ 2,-169,005.25
$2, 051, 068.79
OWNERALLOWANCE
$ 336,343.00
SUNDT recommends carrying a owner allowance to cover any upcoming design changes/unforeseen field conditions. This is calculated based on a revised Risk Register.
Time Extension
113 Days
This-changeor-der -requests a -contract -time extension -of-1-13- calendar days -{1.6-weeks)-based-on the -current schedule impact. Throughplannedresequencing-and
mitigation -efforts,,-tl:e-associated cost impactTs-limitedto sixteen-(16}weeksmf additional -time -related -expenses which is reflected in the pricing herein. Sundt reserves
the right -te- recover additional-time--related-costsand/or acceleration-costsshwuld the actual project -completion -extend beyond sixteen (16) weeks due tootherimpacts
outside-o -Sundt"s-control.
$2,387,411.79
EXTRA WORK CHANGE ORDER
CPN_ 101012
PROJECT NAME: CROMWELL MARINE CREEK ROAD WIDENING IMPROVEMENTS
ADDITIONAL ROUTING SIGNATURES
CITY OF FORT WORTH
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
4A
Alejandra Ayala, P.E. / Name of Employee/Signature
Title: Sr. Project Manager
Email: Alejandra.ayala@fortworthtexas.gov
APPROVAL RECOMMENDED:
BY: Lauren Priieuur (Apr 6 0 6 13:51:30 CDT)
Lauren Prieur, Director
Transportation and Public Works Department
Email: lauren.prieur@fortworthtexas.gov
CONTRACT AUTHORIZATION
M&C: 26-0203
Date Approved: March 10, 2026
Form 1295: Attached
APPROVED AS TO FORM AND LEGALITY:
BY: Douglas Black (Apr 6, 2026 16:07:58 CDT)
Douglas W. Black
Senior Assistant City Attorney
Email: douglas.black@fortworthtexas.gov
APPROVED: c
BY:
Jesica McEachern
Assistant City Manager
Email: Jesica.McEachern@fortworthtexas.gov
ATTEST:
e~—iONT �090
o Sd0
OVA *ZP
4p0Q $ve >"
BY:
Jannette Goodall
City Secretary
Email: Jannette.Goodall@fortworthtexas.gov
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3/10/26, 8:01 PM M&C Review
CITY COUNCIL AGENDA
Create New From This MSC
Official site of the City of Fort Worth, Texas
FLIRT WORTI1
REFERENCE **M&C 26- 20CROMWELL MARINE
DATE: 3/10/2026 NO.: 0203 LOG NAME: CREEK ROAD CMAR C01 -
SUNDT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (CD 2 and CD 7) Authorize Execution of a Change Order for Extra Work in the Amount of
$2,387,411.79 and the Addition of 113 Calendar Days Under the Construction Manager at
Risk Agreement with Sundt Construction, Inc., for the Cromwell Marine Creek Road
Project, from Boat Club Road (Farm to Market Road 1220) to Marine Creek Parkway,
Adopt Appropriation Ordinance, and Amend the Fiscal Years 2026-2030 Capital
Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Change Order for extra work in the amount of $2,387,411.79 and
the addition of 113 calendar days under City Secretary Contract No. 59041, a Construction
Manager at Risk Agreement with Sundt Construction, Inc., for the Cromwell -Marine Creek
project (City Project No. 101012);
2. Adopt the attached appropriation ordinance adjusting appropriations in the 2018 Bond
Program Fund by increasing appropriations in the Cromwell -Marine Creek Road project (City
Project No. 101012) in the amount of $850,000.00, and by decreasing appropriations in
the Authorized, Not Appropriated project (City Project No. U34018) by the same amount;
and
3. Amend the Fiscal Years 2026-2030 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize a Change Order for
extra work in the amount of $2,387,411.79, which is expected to take 113 calendar days to complete,
under the Construction Manager at Risk Agreement (CMAR) with Sundt Construction, Inc., for the
Cromwell Marine Creek Road Project, from Boat Club Road (Farm to Market Road (FM) 1220) to
Marine Creek Parkway.
On December 12, 2022 (M&C 22-1047) the CMAR agreement with Sundt Construction, Inc. was
authorized for execution (CSC No. 59041). The agreement was for the amount $120,000.00 for
preconstruction phase services and established a 5.75\% construction phase fee. The then
construction budget was $24,100,000.00 out of a then overall project budget of $39,779,237.00.
The Contract was amended by Amendment No. 1 on May 14, 2024 (M&C 24-0387) which established
a construction phase Guaranteed Maximum Price (GMP) of $44,886,140.31, inclusive of the CMAR's
5.75\% fee. The M&C also authorized increasing the project budget by the amount of $21,239,483.92
most of which being programmed for the construction budget. The overall project budget is currently
$58,479,483.92.
In summer through fall, 2025, it was determined that excavation and subsequent paving of Cromwell
Marine Creek Road from the intersection with Bob Hanger Street to the bridge over Marine Creek
resulted in a roadway elevation generally incompatible with respect to the adjacent neighborhood
streets. Specifically, the new elevation of Cromwell Marine Creek Road created undesirably steep
connections at the intersections of Bob Hanger Street, Neptune Street, Provinces Street, Britannic
Street, and Crystal Lake Drive as well as near the intersections of Cape Street and Bay Lake Drive.
apps.cfwnet.org/council_packet/mc_review.asp? ID=34246&cou nciIdate=3/10/2026 1 /3
3/10/26, 8:01 PM
M&C Review
The Design Engineer made changes to the original project design and TPW staff requested the
CMAR perform the extra work to improve the connections.
The extra work, in the amount of $2,387,411.79, provides for the removal of pavement, elevating and
reconstructing the roadway to improve the connections to the neighborhood streets. The amount
includes $336,343.00 for owner's allowance/contingency to be used at the City's discretion if needed.
This extra work cost also includes additional costs for bonds and insurance, CMAR contingency and
labor and materials. As apportionment of fault has not been established, at this time the extra work is
not being incorporated into the GMP and the CMAR's 5.75\% fee ($117,936.46) is being withheld.
The following table summarizes previous contract action and amendments:
Contract M&C Date Justification Amount
Initial Contract - Sundt �__F
Construction, Inc. 22-1047 12/13/2022 Preconstruction Phase Fee $120,000.00
i� CMAR's 5.75\% Construction
Amendment No. 1 24-0387 5/14/2024 Phase Fee - Within GMP $2,394,270.67
Total Proposed
CMAR Fees* $2,514,270.67
F T -1 _
Change Order - Extra Pending This M&C Extra Work $2,387,411.79
Work
*This is the amount CMAR expects to earn in fees.
The 2022 Capital Improvement Program allocated funds for the roadway widening of Cromwell
Marine Creek Road between Boat Club Road (FM 1220) and Marine Creek Parkway. A CMAR with
Sundt Construction, Inc., (Contractor) was authorized for the construction of a four -lane arterial street
from Boat Club Road (FM 1220) to Marine Creek Parkway with signalized intersections at Bowman
Roberts Road, Huffines Boulevard/Bob Hanger Street and Crystal Lake Drive. The project is currently
being funded through the City's 2018 and 2022 Bond Programs, Tarrant County 2021 Bond Program,
and transportation impact fees.The action in the M&C will appropriate additional funding for
Cromwell -Marine Creek project (City Project No. 101012), as follows:
Fund Existing Additional Project Total
Funding Funding
2018 Bond Program - Fund U34018 F $0.00 F $850,000.001 $850,000.00
I2018 Bond Program - Fund 34018 1 $30,099,483.921 $0.001$30,099,483.92
I2022 Bond Program - Fund 34027 $10,970,000.00
rr
nsportation Impact Fee Cap - F
$2,730,000.00
d 30108 " `
F
ergovernmental Contribution -
nd 30106
TaxNote2017 - Fund 34017
Trans Impact Fee Cap Legacy -
Fund 39008
Project Total
$13,910,000.00 +
$0.00 1$10,970,000.00
$0.00 F$2,730,000.00
$0.00 $13,910,000.00
$500,000.00 1 $0.00 1 $500,000.00
i$270,000.00 $0.00 $270,000.00
$58,479,483.92 $850,000.00 $59,329,483.92
Funding for this Extra Work Change Order was not included in the Fiscal Years 2026-2030 Capital
Improvement Plan. An additional $850,000.00 in funding is required to advance the extra work
required by Change Order. The actions in this M&C will amend the Fiscal Years 2026-2030 Capital
Improvement Program as approved in connection with Ordinance 27979-09-2025.
Funding is budgeted in the Authorized, Not Appropriated project within the 2018 Bond Program Fund
within for the Transportation and Public Works Department for the purpose of funding the Cromwell
Marine Creek project.
The project is located in COUNCIL DISTRICTS 2 & 7.
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=34246&counciIdate=3/10/2026 2/3
3/10/26, 8:01 PM M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Authorized, Not Appropriated
project within the 2018 Bond Program Fund and upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the 2018 Bond Program
Fund for the Cromwell - Marine Creek project. Prior to an expenditure being incurred, Transportation
& Public Works has the responsibility to validate the availability of funds.
Fund
Department
ID
Account
Project
ID
Program
Activity
Budget
Year
Reference #
(Chartfield 2)
Amount
FROM
Fund
Department
ID
Account
I
Project
ID
Program
I
Activity
Budget
I Year
Reference #
Chartfield 2
Amount
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Jesica McEachern (5804)
Lauren Prieur (6035)
Monty Hall (8662)
101012 PBS.pdf (CFW Internal)
2018 Bond by Proposition - 34018.pdf (CFW Internal)
20Cromwell Marine Creek C01 M&C(dwbRL3.03.26).docx (CFW Internal)
20CROMWELL MARINE CREEK ROAD CMAR C01 - SUNDT FundsAvail.docx (CFW Internal)
Correct- 101012 CROMWELL MARINE CREEK FUND APPROPRIATION FID Table.xlsx (CFW Internal)
M&C Map CPN 101012-Sundt CO-1.pdf (Public)
ORD.APP 20CROMWELL MARINE CREEK ROAD CMAR C01 - SUNDT 34018 A026(R2).docx (Public)
SAM Report Sundt Construction Inc.pdf (CFW Internal)
Sundt -Form 1295 Certificate 1.22.26.pdf (CFW Internal)
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=34246&counciIdate=3/10/2026 3/3
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2026-1411436
Sundt Construction, Inc.
Tempe, AZ United States
Date Filed:
01/22/2026
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Fort Worth
Date Acknowledged:
g
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
CPN 101012
Construction Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is Joel Holcomb and my date of birth is
125 E John Carpenter Fwy Irving
My address is
TX 75062 USA
(city)
(state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Tarrant County, State of Texas on
the 22 day of January, 20 26
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.22701b2a
101012-CNCO-Cromwell Marine Creek Road
Widening Extra Work Change Order
Interim Agreement Report
Created: 2026-03-30
By: Andrea Munoz(Andrea. M unoz@fortworthtexas.gov)
Status: Out for Filling
Transaction ID: CBJCHBCAABAAtxrHMPh_sKvTYUD1DwYMFaGkzzgl_JaZ
Agreement History
2026-04-13
Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will
be generated when the agreement is complete.
"101012-CNCO-Cromwell Marine Creek Road Widening Extra
Work Change Order" History
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a
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: Cromwell Marine Creek Road Widening
Extra Work Change Order
M&C: 26-0203
CPN: 101012 CSO: 59041 DOC#:
Date:
3/25/2026
To:
Name
Department
Initials
1.
Filogonio Munoz — Bus. Sup.
TPW — Initial
2.
Alejandra Ayala
TPW - Signature
a,aAala
3.
Dennis Rodgers
TPW — InitialL
4.
Raul Lopez
TPW — Initial
5.
Lissette Acevedo
TPW — Initial
6.
Patricia Wadsack
TPW — Initial
7.
Lauren Prieur
TPW — Signature
X9P
8.
Doug Black
Legal - Signature
Douyl- Black
9.
Jesica McEachern
CMO - Initial
10.
Jannette Goodall
CSO - Signature
1 ne
11.
TPW Contracts
TPW
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the AGM has signed the routing slip, Jay will review and
take the next steps
NEEDS TO BE NOTARIZED: ❑ Yes X No
RUSH: ❑ Yes X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: X Yes
Action Required:
❑ As Requested
❑ For Your Information
X Signature/Routing and or Recording
❑ Comment
❑ File
❑ No
�.I Attach Signature, Initial and Notary Tabs
F 11
ORT WORTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Sundt Construction, Inc.
Subject of the Agreement: Change Order to CSC No. 59041, a Construction Manager at Risk
Agreement for the Cromwell Marine Creek Road Project
M&C Approved by the Council? * Yes ® No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 8 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
1295 Form - paize 9
Effective Date:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes 8 No ❑
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. 101012
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.