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Home My WebLink About065580 - Construction-Related - Contract - Dunaway Associates, LLCOFFICIAL RECORD CSC NO. 65580 CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING -RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Dunaway Associates, LLC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: FY26 Pedestrian Safety for Schools Initiative Capital Project —Project No. CPN 106912. Article Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $49,755.00 (Forty Nine Thousand Seven Hundred Fifty -Five dollars and 00/100) as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. ENGINEER shall provide monthly invoices to CITY. The ENGINEER shall provide the CITY sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by ENGINEER of said payment shall release CITY from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 1 of 15 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. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 2 of 15 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. E. Preparation of Engineering Drawings (1) 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 extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 3 of 15 CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. G. Opinions of Probable Cost, Financial Considerations, and Schedules The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (1) 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 City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 4 of 15 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 between 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 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. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 5 of 15 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 respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design 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. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. 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. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification 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 City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 8 of 15 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 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. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 9 of 15 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. (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 City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 10 of 15 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, 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 of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 11 of 15 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 (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. 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 City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 12 of 15 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 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 City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 13 of 15 association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. P. Compliance with Laws, Ordinances, Rules and Regulations ENGINEER agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this AGREEMENT will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If CITY notifies ENGINEER of any violation of such laws, ordinances, rules or regulations, ENGINEER must immediately desist from and correct the violation. Q. Non -Discrimination Covenant ENGINEER, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of ENGINEER's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY ENGINEER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 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 Duly executed by each party's designated representative to be effective on the date City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 14 of 15 subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Allll��l�� Dianna Giordano (Jul 28, 2026 09:54:37 CDT) Jesica McEachern Assistant City Manager 07/28/2026 4Foar°°a Date: 6S ?M, ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Lauren Prieur (Jul 17, 2026 08:29:34 CDT) Lauren Prieur, P.E. Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY W By: Douglas Black (Jul 17, 2026 18:01:05 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: BY: ENGINEER Dunaway Associates, LLC Qgldeil Rgwell- Quinten Plumer (Jul 8, 2026 12:00:39 CDT) Quinten Plumer, P.E. Project Manager I Associate Principal Date: 07/08/2026 M&C No.: N/A M&C Date: N/A 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. Je a H erson (Jul 8, 2026 13:01:57 CDT) Jenna Henderson, MSc, P.E., PMP Sr. Professional Engineer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Standard Agreement for Engineering Related Design Services CPN106912 Revised Date: June 5, 2026 Page 15 of 15 RT WORTH,,, ATTACHMENT "A" Scope for Engineering Design Related Services for FY26 Pedestrian Safety for Schools Initiative Capital Protect 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 Provide professional engineering design services, bid phase services, and construction phase services for pedestrian safety improvements for eleven sites in Fort Worth, Texas. 1. N. Beach St. from Statesman Lane to Heritage Glen Drive 2. Hollister Drive and Oakville Street Intersection 3. Wakecrest Drive and Horn Frog Street Intersection 4. Running River Lane from E. Harmon Road to Bonnet Drive 5. Timberland Boulevard from Cottageville Lane to Lillybrook Lane 6. Copper Meadow Drive and Palmito Ranch Road Intersection 7. Chaplin Drive and Kirkham Way Intersection 8. Country Creek Lane and Cloverglen Lane and Country Creek Lane and Meadow Creek Drive Intersections 9. NE 36th Street and Weber Street Intersection 10. NE 36th Street and Decatur Avenue Intersection 11. Merrick Street and Collinwood Avenue Intersection WORK TO BE PERFORMED Task 1. DesigR MaRagemeRt Task 2 GeRGept al Deli` R (300 ) `2. k nTacPFelimiRaFy Desig i (60444 rrrc� Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 1 of 29 Page 1 of 29 RT WORTH,,, r"`emplete Menthl y M/VVBE Report FeFFn R d FiRal S ummaFy Payment Ill peFt 1-E)rm at the eRd of the nr(ienf City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 2 of 29 Page 2 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 3 of 29 Page 3 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 4 of 29 Page 4 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 5 of 29 Page 5 of 29 RT WORTH,,, ASSUMPTIONS Two (2) sets of 11"x17" size plans will be delivered for the 30% design. • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (eBuilder). • ENGINEER will not proceed with Final Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Report (Executive Summary) C. Conceptual Design Package E. Utility Conflict Plan PDF and Utility Conflict Table or Letters of No Objection City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 6 of 29 Page 6 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 7 of 29 Page 7 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 8 of 29 Page 8 of 29 RT WORTH,,, r�r.�r.��asrsez`�r�rraer.�.��:rsnxr■:t:�:n�nr_rr�:er.*s�:r_r�.v,�:r_�rrs . • The Drnionf MaR al (Ge Flfrad and SpedfirofiGRS City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 9 of 29 Page 9 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 10 of 29 Page 10 of 29 RT WORTH,,, TASK 4. A. FINAL DESIGN (90 PERCENT) may, 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. • 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 or Letter of No Objection 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). • Upon approval of the 90 percent Final Plans, the ENGINEER shall prepare and 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 the 100% design plans. Ear sheet of the plans shall also ORGI Ude a q iaRtity take eff 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 FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 11 of 29 Page 11 of 29 RT 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. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 12 of 29 Page 12 of 29 RT WORTH,,, 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. 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. AfteF the bid epeRmgCNGINEE 7 will provide a FRinimum of G full s f PIaRs 5 half size cots @Rd `� Pins Gf Pfnrmed DrejeG aR gal sPtPnnrPPratiRg all rn-m-�r��.rcrr�-mcrcC�prc�-vrt�{��rrrvmT �—rvJcc c Tcvrpvrcrcm��rr City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 13 of 29 Page 13 of 29 RT WORTH,,, ASSUMPTIONS • This project will be awarded through a Task Order directly to a pre -approved Contractor. • Construction documents will only be made available on the eBuilder. 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 eBuilder. DELIVERABLES A. Aces B. ReG9mmeRdatiGR ref award as requiFed perproject C. Construction documents (conformed) D. Task order document preparation. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 14 of 29 Page 14 of 29 RT WORTH,, 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 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 City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 15 of 29 Page 15 of 29 RT WORTH,, 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 documented changes are accurately depicted on these drawings. 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. Singular 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.pdV 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. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 16 of 29 Page 16 of 29 RT WORTH,,, ASSUMPTIONS • One (1) Pre -Construction Community Meeting is assumed. • Two (2) site visits are assumed. • Three (3) submittal reviews are assumed. • Two (2) RFI's are assumed. • One (1) Change Orders are assumed. DELIVERABLES 12AmmI'Rit y MeetiRq whihi+c rc. C. Response to Contractor's Request for Information D. Review of Change Orders E. Review of shop drawings G. Record Drawings in electronic format City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 17 of 29 Page 17 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 18 of 29 Page 18 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 19 of 29 Page 19 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 20 of 29 Page 20 of 29 RT WORTH,,, The deeUmentetien shell he nreyirted in eenfermenee with the eheeLlioto enrl templates available en the Gity'o rdeeUment m ement system Fesewees f el FF City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 21 of 29 Page 21 of 29 RT WORTH,,, - Preyide Quality Level G to ideRtify eyerh eacrFUtilities enrthe nrvec�Rd nreyride the everhead utility infermatien en the SUE plan sheets City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 22 of 29 Page 22 of 29 RT WORTH,,, Level n test holes are ineli 1derl Level n test hele infermotien to he 1� 1. PFieF to design, to supplemeRt the desip suwey ' been in font nleored.DELIVERABLES A. r �PlFaWinn of the nreient layet With dimensions onrt eeerdinote list n Texas. City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 23 of 29 Page 23 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 24 of 29 Page 24 of 29 RT WORTH,,, City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 25 of 29 Page 25 of 29 RT WORM, 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 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 print") developed during the QA City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 26 of 29 Page 26 of 29 RT WORTH,, 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 FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 27 of 29 Page 27 of 29 T WORTH. (Sri All eF �o4 Water 6"0 it 38-01a (Submit A44 6844 Traffms g (Submit All A► e4 GARtrAl Type X! X X X 2f eK X X X X X �M;tpr cRp ,er X X X X City of Fort Worth, Texas FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 28 of 29 Page 28 of 29 RT WORTH,,, ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition, 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 FY26 Pedestrian Safety for Schools Initiative Capital Project Attachment A CPN 106912 Revision Date: 05.23.2024 Page 29 of 29 Page 29 of 29 ATTACHMENT B COMPENSATION Design Services for FY26 Pedestrian Safety for Schools Initiative Capital Project City Project No. 106912 Time and Materials with Rate Schedule Project 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 Category Rate for the ENGINEER's team member performing the work. Labor Category 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 2026 Rate $/hour 2027 Rate $/hour Project Director $260 Senior Project Manager $230 Senior Technical Engineer $210 Project Manager $210 Project Engineer $187 EIT $168 CADD $158 Administrative $113 SUE Party Chief $150 SUE Technician $115 SUE Field Assistant $85 Party Chief $183 Senior Survey Technician $156 Survey Field Assistant $98 ii. 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: 8/18/2025 Page 1 of 4 FY26 Pedestrian Safety for Schools Initiative Capital Project CPN 106912 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: 8/18/2025 Page 2 of 4 FY26 Pedestrian Safety for Schools Initiative Capital Project CPN 106912 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Dunaway Associates, LLC Civil Engineering $49,755.00 100% Proposed Sub -Consultants N/A $0.00 0% TOTAL $ 49,755.00 100% Project Number & Name Total Fee Sub Fee CPN 106912 FY26 Pedestrian Safety for Schools Initiative Capital Project $ 49,755.00 $ 0.00 City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 3 of 4 FY26 Pedestrian Safety for Schools Initiative Capital Project CPN 106912 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: 8/18/2025 Page 4 of 4 FY26 Pedestrian Safety for Schools Initiative Capital Project CPN 106912 E a uJ co [1 U U 0 d E m Z T CQ C O U ar d G f0 U m K •� mOFLL C7 m C a) 0 � in 'O U v C E m a) f� C N 47 U O 7 > U � >+ U = O > O C > _ y i» a C +-' a) � U a> i Q a � .0+ p d 7 H O EJ O Q U C O o a) E E5 � N O ❑ E Qa c a1 � 7 O O m E E a a O 0 C E C N7 O m E N as C O Q L) fn d d Q T H Y O C R LL w m T T d v T T d v T T GI Y Y Y Y Y Y 1", Dunaway Associates, LLC 550 Bailey Avenue, Suite 400, Fort Worth, TX, 76017 CFW Project Manager Supplier's Project Manager: Supplier's PM email: Name of Project: 17-335-1121 Bailey Avenue, Suite 400, Worth, TX, 76017 Jenna Henderson, MSc, P.E., PMP Quinten Plumer, P.E. gplumer@dunaway.com FY26 Pedestrian Safety for Schools Initiative Capital Project Invoice Supplier Project No. Proj. Invoice No. Invoice date: Period Service Date:From Service Date:To City Secretary Contract #: P.O. Number: Labor Category Name Hours Rate /hr Project Director 260.00 Senior Project Manager 230.00 Senior Technical Engineer 210.00 Project Manager 210.00 Project Engineer 187.00 EIT 168. 00 CADD 158.00 Administrative 113.00 Total Labor 0.0 Subcontract Service Subcontractor Subtotal 10 Percent Markup on Subcontract Services Nonlabor Expenses Nonlabor Expense Subtotal Total Expenses (Subcontract Services+Marku p+Non labor Expenses) Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DUE THIS INVOICE $0.00 � d � Qr Q d G •@ U d x E N O F LL K 0 0 0 0 lyd (d EA U3 C 7 dm C N O U L O 7 > U � N — U 7 O O > C > — y n a c � m � i a IL p m 3 � a o J £ E O Q U C O O O M N N O N N- � M (O 07 QQ c N = F= O � O � Cm C Q Q C Cd a'C Q E d 3 E Z Q O o 0 0 O O M M i � aQ 0 U o� C o 0 U W m �i C O Q .y p N a M ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for FY26 Pedestrian Safety for Schools Initiative Capital Project City Project No. 106912 No changes to the Standard Agreement. City of Fort Worth, Texas Attachment C FY26 Pedestrian Safety for Schools Initiative Capital Project PMO Release Date: 05.19.2010 CPN 106912 Page I of I FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D FY26 Pedestrian Safety for Schools Initiative Capital Project Revision Date: 07.20.2018 CPN 106912 Page 1 of 1 ATTACHMENT E FY26 Pedestrian Safety For Schools Initiative Capital Project CPN 106912 PROJECT LOCATIONS CITY PROJECT NO. 106912 Site # 1 - N. Beach St. from Statesman Ln. to Heritage Glen Dr. Site #2 - Oakville St. and Hollister Dr. Intersection Site #3 - Wakecrest Dr. and Horn Frog St. Intersection Site #4 - Running River Ln. from E. Harmon Rd. to Bonnet Dr. Site #5 - Timberland Blvd. from Cottageville Ln. to Lilybrook Ln. Site #6 - Copper Meadow Dr. and Palmito Ranch Rd. Intersection Site #7 - Chaplin Dr. from Kirkham Way to Southwark Dr. Site #8 - Country Creek Ln. and Meadow Creek Dr. Intersection & Country Creek Ln. and Cloverglen Ln. Intersection Site #9 - NE 36th St. and Weber St. Intersection Site # 10 - NE 36th St. and Decatur Ave. Intersection Site # 1 1 - Merrick St. and Collinwood Ave. Intersection FORTWORTH. DUNAWA v EXHIBIT F 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 bythe 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). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's 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 1 of 3 Rev. 5.04.21 C. Workers' Compensation — 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 covered by workers compensation and employer's liability or commercial 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. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable 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 as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 C t$I Qi 0 LL Z 1 N 3: U (V L0 L aiT W 0 M Y m a c d Q y T Q W .0 r O to X Q Z O W = O L > O .m L 0 � .a a i2 > C/) = U J H y O O L U L O rt+ d Cu Cu U) R C1 LO N N 10 O N O O O O O B O O V O O N O O N N O V CO O) fA �O fA fR E9 fA O O I fR M -. O) �O r LQ V O) O O) LO N J m Y Q' � R F N a " N O o 0 O O O O O O O O O O 0 0 0 0 0 0 0 0 N Wo U c o o 0 o w ow o d J 9 O N � a v y C N W C O o Lc G w a u) uJ c 0 w 0 rA 0 w 0 o �N w N J C O O = O 3 y O M O M Co N LO V a0 O N N O fH N O fA O O 64 V} O fA O O It O) o o fA M O LO O N O V' O) O a J y O 14 O) Ol M 7 CT Vi Hi r f9 r U3 ro c r m fR r 10 N fA O1 Iq 6 0 N to fA o R U W O H � d M w O O O O C E a G N O O O O � U M O 't M O N c0 N c0 � w o a y J v O •C a` c w O t0 Co M N M M M N N fD N N N ; d N 01 A O C a`� `cl o � w o 0 0 0 m � 'o as ao m R m ID � R o m F n d � R N y D L O C o c Q E U O N O a E O U 0, a o O E w d U o .O m ° y E O m N u •Zo w o C CoJ U a N 2 O C C N N C C 0 C y O N R Em °( N 2° C No ° R Y N e O U R p R U R O V C V U yC"i�-fc-,mt N O` N y E m F O C w 0 d y R N E L (L fq� c N_ N� cLrn E N mo o y a 4 w :° a a y 0 a o c U°> > R F C. m O o N ° o ,C J N m C O C N w Y W ry N N p 0 U oa O �Qa"Oi N>� >> j U� Y C C J N C C. E J-'O c C c o0 o 9 od72HQQ H—�' o oQQ�(A�ii LL LLmLL a m UU O �NM7 �O cO � Nci Z Y N M 7 LO LR LO uR uO ui OOOOOO �'i N N R F O , v V t 7 V O ui l0 O fo (D t0 106912-EPAG-FY26 Pedestrian Safety for Schools Initiative Capital Project Task Order Notice to Proceed Final Audit Report 2026-07-13 Created: 2026-07-06 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAApNcBdyOU1450dgRx3f91NGRxlgk_g4mz "106912-EPAG-FY26 Pedestrian Safety for Schools Initiative Ca pital Project Task Order Notice to Proceed" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2026-07-06 - 7:06:57 PM GMT- IP address: 208.184.124.181 Document emailed to LaKeshia Lynch (LaKeshia.Lynch@fortworthtexas.gov) for filling 2026-07-06 - 7:55:22 PM GMT Email viewed by LaKeshia Lynch (LaKeshia.Lynch@fortworthtexas.gov) 2026-07-06 - 8:00:56 PM GMT- IP address: 104.47.64.254 Form filled by LaKeshia Lynch (LaKeshia.Lynch@fortworthtexas.gov) Form filling Date: 2026-07-06 - 8:09:39 PM GMT - Time Source: server- IP address: 208.184.124.181 - Signature Appearance Selected: TYPE Document emailed to Quinten Plumer (gplumer@dunaway.com) for signature 2026-07-06 - 8:09:44 PM GMT ti Email viewed by Quinten Plumer (gplumer@dunaway.com) 2026-07-06 - 8:32:29 PM GMT- IP address: 166.199.250.39 Document e-signed by Quinten Plumer (gplumer@dunaway.com) Signature Date: 2026-07-08 - 5:00:39 PM GMT - Time Source: server- IP address: 12.4.154.30 - Signature Appearance Selected: TYPE '.: Document emailed to Jenna Henderson (Jenna.Henderson@fortworthtexas.gov) for signature 2026-07-08 - 5:00:43 PM GMT Email viewed by Jenna Henderson (Jenna.Henderson@fortworthtexas.gov) 2026-07-08 - 5:02:18 PM GMT- IP address: 104.47.65.254 FoRTWORTH. p Eby Adobe Acrobat Sign Jenna Henderson (Jenna.Henderson@fortworthtexas.gov) uploaded the following supporting documents: COI 2026-07-08 - 6:01:57 PM GMT Document e-signed by Jenna Henderson (Jenna.Henderson@fortworthtexas.gov) Signature Date: 2026-07-08 - 6:01:57 PM GMT - Time Source: server- IP address: 208.184.124.181 - Signature Appearance Selected: DRAW Document emailed to Donnette Murphy (don nette. m u rphy@fortworthtexas.gov) for filling 2026-07-08 - 6:02:01 PM GMT `J Email viewed by Donnette Murphy (donnette.murphy@fortworthtexas.gov) 2026-07-08 - 6:08:20 PM GMT- IP address: 104.47.64.254 Form filled by Donnette Murphy (donnette.murphy@fortworthtexas.gov) Form filling Date: 2026-07-08 - 6:08:33 PM GMT - Time Source: server- IP address: 208.184.124.181 - Signature Appearance Selected: TYPE Document emailed to Fanta Kaba (fanta.kaba@fortworthtexas.gov) for filling 2026-07-08 - 6:08:36 PM GMT Document declined by Fanta Kaba (fanta.kaba@fortworthtexas.gov) Decline reason: Is this a contract amendment or TO specific for CPN 106912? 2026-07-13 - 9:37:04 PM GMT- IP address: 204.10.90.100 FoRTWORTH. p -dby Adobe Acrobat Sign FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: FY26 Pedestrian Safety for Schools Initiative Capital J!ro,Lect Professional Services Agreement Notice to Proceed M&C: CPN: 106912 CSO: 63825 DOC#: N/A Date: To: Name Department Initials Date Out 1. LaKeshia Lynch - Review TPW Business Support mLmL 07/06/2026 2 Quinten Plumer— Signature (gplumer@dunaway.com) Dunaway � aP 07/08/2026 3. Jenna Henderson — Signature TPW Project Mgr. JI� 07/08/2026 4. Chad Allen — Signature TPW Program Mgr. CA � 07/16/2026 5. Lissette Acevedo — Review TPW Sr. CPO 07/16/2026 6. Patricia Wadsack - Review TPW AD 07/16/2026 7. Lauren Prieur - Signature TPW Director xxp P 1e� 07/17/2026 8. Doug Black - Signature Legal A uou l Black 07/17/2026 9. Jesica McEachern - Signature CMO 07/28/2026 10. Jannette Goodall - Signature CSO Kc 07/28/2026 11. TPW Contracts TPW 12. TPW Project Controls — DaLissa TPW Project Controls Dear & Narges Lahijanian Donnette Murphy Risk Mgmt W 07108/2026 DM 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, the City Manager 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: , ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and/or Recording ❑ Comment ❑ File ® COI Return To: Please notify TPWContracts@fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORT WORTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Dunaway Associates, LLC Subject of the Agreement: Professional Services Agreement for the FY26 Pedestrian Safety for Schools Initiative Capital Project M&C Approved by the Council? * Yes ❑ No 8 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. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No IN *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106912 *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 following order: 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.