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Contract 57953
CSC No. 57953 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 FREESE AND NICHOLS, INC., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Lake Worth Dam Safety ("Services"). Article I 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 NINETY SIX THOUSAND DOLLARS ($96,000.00) 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 one year beginning on July 18, 2022. City shall be able to renew this agreement for Four (4) one-year renewal options by written agreement of the parties, 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 City of Fort Worth,Texas Lake W Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:November 23,2021 Page 1 of 15 CITY SECRETARY FT.WORTH, TX exceed five years from the original effective date. 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. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where 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. City of Fort Worth,Texas Lake Worth Dam Safe Standard Agreement for Engineering Related Design Services Safety("Services") Revised Date:November 23,2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth,Texas Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas Lake Worth Dam Safety('Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any 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 City of Fort Worth,Texas Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. 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 Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 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 forbids-, 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 Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 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 any right the CITY has to bring a claim against ENGINEER. City of Fort Worth,Texas Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 8 of 15 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. 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. City of Fort Worth,Texas Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 9 of 15 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 interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER' personnel and subcontractors, and ENGINEER' 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 City of Fort Worth,Texas Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 10 of 15 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 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. City of Fort Worth,Texas Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November23,2021 Page 11 of 15 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 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 City of Fort Worth,Texas Lake Worth Dam Safety('Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, 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 (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the City of Fort Worth,Texas Lake Worth Dam Safety("Services") Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 13 of 15 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 subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols Inc. Dana Burghdoff(Aug 2,202 6:02 CDT) Dana Burghdoff John L.Rutledge(Aug 1,202 10:38 CDT) Assistant City Manager John Rutledge, P.E. Principal and Vice President Date: pa°a 'FORT O1°°°°°°°°°!y Date: d ATTEST: o °O��d o- 0 �anne�s ��&cr7kGG v° o Jannette S.Goodall(Aug 5,2022 08:57 CDT) ° o ° Jannette Goodall °°° °°° a� City Secretary ���l7rT, a APPROVAL RECOMMENDED: ChLi ogher Hader By Christopher Harder(Aug 2,202207:22 CDT) Chris Harder, P.E. Director, Water APPROVED AS TO FORM AND LEGALITY Form 1295 No. N/A 8yi By:DBlack(Aug 2,2022 15:39 CDT) Douglas W Black M&C No.: N/A Sr. Assistant City Attorney M&C Date: N/A OFFICIAL RECORD City of Fort Worth,Texas Lake Worth I CITY SECRETARY Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 14 of 15 FT.WORTH, TX 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. QL22�'._L. John Lope (Aug 1,20 2 21:45 CDT) John Lopez Project Manager OFFICIAL RECORD City of Fort Worth,Texas Lake worth CITY SECRETARY Standard Agreement for Engineering Related Design Services Revised Date:November23,2021 FT.WORTH TX Page 15 of 15 e FORT WORTH ATTACHMENT "A" Scope for On-Call Professional Engineering Services Related to Lake Worth Dam Safety The scope set forth herein defines the work to be performed by the Engineer in completing the project. Both the City and Engineer have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The City of Fort Worth owns, operates, and maintains Lake Worth Dam. The Texas Commission on Environmental Quality (TCEQ) Dam Safety Rules (30 TAC 299.1-299.7) requires an owner of a dam to be solely responsible for maintaining the dam and reservoir, including all appurtenant works in a safe condition throughout the life of the structure, and the owner shall keep and maintain records with respect to maintenance, operation, and engineering inspection results conducted to safeguard life and property. The purpose of the following On-Call scope is to assist the City in complying with State dam safety laws over the next four years (2022-2025). Task 1: Project Management Task 2: Dam Safety Inspection Task 3: EAP Table Top Exercises Task 4: Spillway Underdrain Inspection Task 5: On-Call Professional Engineering Services GENERAL ASSUMPTIONS • The ENGINEER will provide Professional Engineering Services on a time and materials basis with an annual renewal over the next four years (2022—2025) up to the Contract dollar limit. • The available budget can be used for Task 1 to Task 5. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 9 FORT WORTH® Task 1: PROJECT MANAGEMENT ENGINEER will manage the work outlined in this scope for efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1 Managing the Team: • Lead, manage and direct FNI team activities • Quality Control/ Quality Assurance (QC/QA) measures are practiced in performance of the work. • Communicate internally among team members • Task and allocate team resources 1.2 Communication and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and develop economical and functional designs that meet CITY requirements. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative as needed. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • Pre-design project kickoff/chartering meeting (to be determined in each task order). • Monthly project update meetings (to be determined in each task order). • Monthly updates of Project Status Reports and Project Schedule (to be determined in each task order). • Project management effort will be included in budgets for individual tasks. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule City of Fort worth,Texas Page 2 of 9 Attachment A PMO Release Date:02.06.2015 Page 2 of 9 FORT WORTH. E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes City of Fort worth,Texas Page 3 of 9 Attachment A PMO Release Date:02.06.2015 Page 3 of 9 FORT WORTH® TASK 2. DAM SAFETY INSPECTION The purpose of this task if to visually inspect the dam and document observations using guidelines established by the Texas Commission on Environmental Quality (TCEQ) criteria. ENGINEER will assess the general condition of the dam and related appurtenances based on available data and visual inspection by an experienced dam engineer. Information about Lake Worth Dam is summarized in Table 1. Table 1: Lake Worth Dam Summary Name Length Height Maximum Pool Normal Pool TCEQ Hazard Storage Storage Classification Lake Worth Dam 3,900 ft 61 ft 110,980 ac-ft 33,619 ac-ft High 2.1. Pre-inspection Activities • CITY will schedule a mutually agreeable inspection date with ENGINEER. • Prior to the dam inspection, ENGINEER to review previous dam safety inspection reports, drawings, and instrumentation measurements provided by the CITY. 2.2. Inspection Activities • Participate in a site safety briefing provided by the CITY the day of the inspection. • It is assumed the inspection will be completed in one (1) day. • Perform a visual inspection of the dam, spillway, and adjacent areas. The inspections will look for items that may suggest potential dam safety concerns. If a major concern is noted, CITY will be notified immediately. • Observe the upstream portion of the concrete spillway weir from a boat (provided and operated by the CITY)within Lake Worth. • Entrance into confined spaces (i.e. vault at the downstream end of the right spillway training wall) are not included in this scope of services. 2.3. Inspection Report • ENGINEER will provide the results of the dam inspection in a report that will contain at a minimum: • Include a short project description of the dam • Provide a description of the observations made and give recommendations for correcting deficiencies or develop a basis for further detailed studies. • Provide a status of Action Items from previous reports. • Develop a prioritized list of Action Items in order of importance from a dam safety perspective. • Include color photographs depicting pertinent aspects of the inspection. Photographs shall have a description and be numbered and keyed to a plan drawing. City of Fort Worth,Texas Page 4 of 9 Attachment A PMO Release Date:02.06.2015 Page 4 of 9 FORT WORTH • CITY shall provide current piezometer water levels going back several years. ENGINEER shall review the instrumentation data, report on any concerns with the data, and include the charts in the final report. • ENGINEER shall provide a DRAFT report to the CITY for review in PDF format. • Once comments are received from the CITY and incorporated, five (5) hard copies and one PDF copy of the final inspection report will be provided to the CITY. The report will be suitable for submission to TCEQ. ASSUMPTIONS • CITY will schedule the dam inspection in calendar year 2023. • CITY will provide a boat and operator, necessary safety equipment, and safety training for one (1) ENGINEER to visually inspect the upstream portion of the concrete spillway weir. DELIVERABLES A. Dam Inspection Report City of Fort worth,Texas Page 5 of 9 Attachment A PMO Release Date:02.06.2015 Page 5 of 9 FORT WORTH® TASK 3. EAP TABLETOP EXERCISE TCEQ requires dam owners to perform a tabletop exercise of the Emergency Action Plan (EAP) at least every five years. The CITY has an existing EAP (dated May 2015) for Lake Worth Dam. ENGINEER will facilitate a table top exercise of the EAP in accordance with TCEQ regulations. The tabletop exercise will include the following tasks. 3.1. Pre-Table Top Activities • ENGINEER will develop an agenda for a tabletop exercise of the EAP. • ENGINEER will coordinate with external agencies (i.e. local law enforcement, emergency management coordinators, department of public safety, etc.) to solicit and scheduled their involvement in the tabletop exercise. ENGINEER will coordinate with the CITY to develop an invitee list from various CITY departments and outside agencies. Invitations will be distributed by the CITY. 3.2. Tabletop Activities • ENGINEER will facilitate up to a half-day discussion-based tabletop exercise to be held at a CITY facility to be determined by CITY staff. ENGINEER will provide one (1) facilitator and one (1) engineer to participate in the tabletop exercise. ENGINEER will provide meeting packets for attendees. • The tabletop exercise will include: o Overall review of the EAP and general response. o Realistic scenario for discussion during an exercise which will require the implementation of the EAP. o Discussion regarding the coordination efforts necessary during an emergency. o Discuss the utilization of resources including those belonging to the CITY and other participants. 3.3. Post-Tabletop Activities • ENGINEER will develop an after-action report of the tabletop exercise which will document the training as well as capture any issues or concerns determined during the course of the tabletop exercise. ENGINEER will provide an electronic copy (PDF) to the CITY for review and comment. Upon receipt of comments, ENGINEER will finalize and provide an electronic copy (PDF) of the final report to the CITY. • Based on the tabletop exercise, ENGINEER will provide updates to the EAP. ENGINEER will coordinate with CITY staff in submitting the updated EAP and after- action report to TCEQ and other planholders. ASSUMPTIONS • ENGINEER will perform two (2) tabletop exercises over the duration of this contract. The tabletop exercises are assumed to occur in 2022 and 2025. City of Fort Worth,Texas Page 6 of 9 Attachment A PMO Release Date:02.06.2015 Page 6 of 9 FORT WORTH • Revising breach analyses and inundation mapping in the existing EAP is not included in this scope of services. • CITY will provide a facility to host the tabletop exercise. • CITY will distribute invitations for the tabletop exercise. • CITY will submit the after-action report and EAP updates to TCEQ and the other EAP plan holders. DELIVERABLES A. After-action Report City of Fort worth,Texas Page 7 of 9 Attachment A PMO Release Date:02.06.2015 Page 7 of 9 FORT WORTH TASK 4. SPILLWAY UNDERDRAIN INSPECTION The purpose of this task is to inspect the underdrain system of the spillway following cleaning activities that occurred in conjunction with 2019 construction activities. The underdrain inspection will include the following tasks. 4.1. Underdrain Inspection • ENGINEER will utilize a subconsultant to inspect the underdrain system. Subconsultant will perform a video inspection of the spillway underdrain system. ENGINEER will provide the CITY a digital copy of the video inspection. • ENGINEER to provide one (1) engineer on-site to observe the inspection operation. • ENGINEER to evaluate the condition of the underdrain system based on the video inspection. • ENGINEER to develop a summary memorandum that documents the processes and findings of the inspection. ENGINEER will provide an electronic copy (PDF) of the summary memorandum to the CITY for review. Upon receipt and incorporation of comments, ENGINEER will furnish up to three (3) hard copies and an electronic copy (PDF) of the Summary Memorandum to the CITY. ASSUMPTIONS • The spillway underdrain inspection is assumed to occur in 2022. • Two (2) days of field work have been budgeted for the underdrain inspection. • Approximately 700 linear feet of the 6-inch collector trough is anticipated to be videoed. • Approximately 600 linear feet of the 4-inch collector trough of Drains 1 —8 is anticipated to be videoed. • Cleaning of the underdrain system is not included in this scope of services. Video inspection will extend to the limits of refusal within the underdrain system. DELIVERABLES A. Video Inspection B. Summary Memorandum City of Fort worth,Texas Page 8 of 9 Attachment A PMO Release Date:02.06.2015 Page 8 of 9 FORT WORTH TASK 5. ON-CALL PROFESSIONAL ENGINEERING SERVICES ENGINEER will provide Professional Engineering Services on an on-call basis. The scope is not specific to any project and will be defined by the CITY at the time of need. In general, the scope is anticipated to involve dam safety related issues of Lake Worth Dam. Potential dam safety services may include the following examples. • Perform maintenance inspections of Lake Worth Dam after serious rain or flood events. • Consultation on maintenance inspection of Lake Worth Dam. • Train CITY staff to perform maintenance inspections of Lake Worth Dam. • Consultation on TCEQ recommendations and assistance with follow up documentation and communication. • Consultation on dam maintenance activities (i.e. tree and vegetation removal) • Support CITY staff implementation of EAP during and after emergency situations. • Develop updates of existing hydrologic and hydraulic (H&H) models, breach analyses and breach inundation maps. ASSUMPTIONS • ENGINEER will respond to inquires from the CITY within five (5) business days. The initial 5-day timeline is for the ENGINEER to acknowledge the inquire and provide a reasonable specific timeline for a thorough response. ENGINEER will support the CITY with general support related to the Lake Worth Dam as requested by the CITY. DELIVERABLES A. To be defined in each task order. City of Fort Worth,Texas Page 9 of 9 Attachment A PMO Release Date:02.06.2015 Page 9 of 9 ATTACHMENT B COMPENSATION On-Call Professional Engineering Services Related to Lake Worth Dam Safety Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated in an hourly amount not-to-exceed $96,000.00 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 and includes all direct salaries, overhead, and profit. 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 RATE $/HOUR ** Professional- 1 113 Professional-2 137 Professional-3 156 Professional-4 178 Professional-5 209 Professional-6 240 Construction Manager- 1 91 Construction Manager-2 117 Construction Manager-3 138 Construction Manager-4 173 CAD Tech nician/Desi ner- 1 96 CAD Technician/Designer-2 126 CAD Tech nician/Desi ner-3 153 Corporate Project Support- 1 92 Corporate Project Support-2 111 Corporate Project Support-3 148 Intern/Coop 57 **Provided rates are 2021 rates,which will be adjusted annually in February. 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). 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 is 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. if. 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. 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 PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Order Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. On-Call Lake Worth Dam $91,000.00 94.79% Safety Prime Consultant Total: $91,000.00 94.79% MBE/SBE Sub-Consultants None None $0.00 0.00% Proposed MBE/SBE Sub-Consultants Total: $0.00 0.00% Non-MBE/SBE Consultants None Tri-Star Pipe Inspections $5,000.00 5.21% Non-MBE/SBE Consultants Total: $5,000.00 5.21% TOTAL $96,000.00 100.0% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE On-Call Professional Engineering Services Related to Lake Worth Dam $96,000.00 $0.00 0.00% Safety City MBE/SBE Goal = 0.00% Consultant Committed Goal = 0.00% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 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 PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 ` E \!R§\})n. (/&r:kl:/ \ ))80-/\ IE I '- rn _ f ; - - )£ ` k§) A�/f! ! LU .41 2 0 ; °77/ \$ (n , } \§ r° } . uj JT % \ \ _ - is F { ) }\\/\\ \# \/ �\ )\\!� !:} :E�, ¥!!!!\\!!w (!f!! \l2aw - �, 6 r; })})]§{®/f! -d ;!zl ;;le }\)0.1-6!§Zj3aaiz2!!@!l32ai!)/§3,;!!!a\!!!: : \\ ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for On-Call Professional Engineering Services Related to Lake Worth Dam Safety City Project No. No changes proposed. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE On-Call Professional Engineering Services Related to Lake Worth Dam Safety Project schedules will be developed on an individual task order basis. In general, it is the understanding of the ENGINEER that the CITY anticipates the on-call contract to generally follow the summary table below. Task 2022 2023 2024 2025 FTasEk2: : Project Management X X X X Dam Safety Inspection X Task 3: EAP Table Top Exercise X X Task 4: Spillway Underdrain Inspection X Task 5: On-Call Professional Engineering Services X X X X City of Fort Worth,Texas Attachment D Revision Date:07.20.2018 Page 1 of 1 z N C. ? r - .Z WJ 6092 Rd Robertson Rd o c Saejinaw Blue Mound Wr:_ CD Fort Worth Aeh Agile lure Center ani Longhar� Rd .'ildlife Refuge 9e� -5- s s v _ _ c - 1 l.►��► (ti_ r — T a C* :Icle %CL t l i�iar,r.h-im F' S6o.-o 14%v e Z Tairrnrnal Rd Lak. Lake ten't7 » v`:orth rv� �2'F� y.•- cn - c Worth _ — Sansom Park 6r — �bG VDAM NW 2ath S I NASJoint NW 21stSt Re se rvr3 B a�> E WORTHFort btibrth oy -lrffcrd 5 t Wentworth vve,.twcrtil c�Ath St_ vliiage a s"cti vn,ent 6 Yr 7ti ;I Fort Worth V ,Q Q - v r : a W R0::udj!+: C r - m c 3 :i $ r~ 0 S a. T m Y 9 S,i �. Sources: c LL J;tV41y cc Esri, HERE, �' a 3� Garmin, W 6 erry S r S UGS,_ " FNI PROJECT: OFF21050 FREESE FILE: _ 97NICHOLS Attachment E—Location Map Exhibit DATE: November2021 E 801 CHERRY STREET,STE 2800 PREPARED: MAI FO RT WO RTH,TX 76102 Fort Worth, I Ty A Attachment F FREEAND-02 KSUTTON .4 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YWY) 7/20/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames&Gough PHONE FAX 8300 Greensboro Drive (A/c,No,Ext):(703)827-2277 (A/C,No):(703)827-2279 Suite 980 AEDOR1Ess:admin@amesgough.com McLean,VA 22102 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hartford Underwriters Insurance Company A+(XV)30104 INSURED INSURERB:Twin CI Fire Insurance Company A+ X 29459 Freese and Nichols,Inc. INSURER C:Hartford Casualty Insurance Company A+ XV 29424 801 Cherry Street,Suite 2800 INSURER D:Hartford Accident and Indemnity Company A+(XV 22357 Fort Worth,TX 76102 INSURER E:Continental Casualty Company CNA)A XV 20443 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP TR NSD WVD POLICY NUMBER MM DD/YYYY) (MMIDDNYYYI LIMBS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F OCCUR 42UUNOL5238 10/23/2021 10/23/2022 PREM SET EaTO R occur ence 1,000,000 X Contractual Liab. MED EXP(Any one erson $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY[X] PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B $ AUTOMOBILE LIABILITY COM(EaBINED LIMIT $ 1,000,000 X ANY AUTO 42UENOL5558 10/23/2021 10/23/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 42 XHU OL 5747 10/23/2021 10/23/2022 AGGREGATE $ 10,000,000 DED X RETENTION$ 1 O,000 D WORKERS COMPENSATION Al STATUTE OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 42WBOL6H3F 10/23/2021 10/23/2022 E.L.EACH ACCIDENT $ 1,000,000 OFFICE(Mandatory in N R EXCLUDED? ❑N N/A 1,000,000 (Mandatory in and E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Professional Liab. AEHOO8214422 10/23/2021 10/23/2022 Per Claim 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROFESSIONAL LIABILITY AGGREGATE LIMIT:$10,000,000 RE:On-call Professional Engineering Services Related to Lake Worth Dam Safety project City of Fort Worth,Texas,its agents,officers,directors,and employees are included as Additional Insured with respect to General Liability,Auto Liability,and Umbrella Liability when required by written contract.General Liability,Auto Liability and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract.General Liability,Auto Liability, SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth,Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Risk Manager ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ^ AGENCY CUSTOMER ID:FREEAND-02 KSUTTON 7 LOC#: 1 ACOREV llk. � ADDITIONAL REMARKS SCHEDULE Page 1 of 1 FAGENCY NAMED INSURED gh Freese and Nichols Inc.801 Cher Street,Suite2800 Fort Wort,TX 76102 NAIC CODE SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Umbrella Liability and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insured where permissible by state law and when required by written contract.30-day Notice of Cancellation will be issued for the General Liability, Auto Liability, Umbrella Liability,Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD