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HomeMy WebLinkAboutContract 50026 a eco CITY SECRETARY CONTRACT NO. 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 (the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Water Gardens Quiet Pool and South Wall. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation The ENGINEER's compensation shall be in the amount of $ 90,000.00 (Ninety Thousand Dollars) as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) 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. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final. payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 rOFFICIAL RIBCO ID) Page 1 of 17 ��'RINITARX oki". TJ( (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV„ if any, are included in Attachment C. 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 in the same or similar locality and 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 2 of 17 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. 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 the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 3 of 17 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. 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 not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 4 of 17 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. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the CITY has goals for the participation of minority business enterprises and/or small business enterprises in CITY contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 5 of 17 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 photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an 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 the 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 the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. 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 the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 6 of 17 acceptable. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 7 of 17 d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it 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 the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual 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. I. The CITY shall not be responsible for the direct payment of any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 8 of 17 insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 9 of 17 not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 10 of 17 in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at 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." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 11 of 17 (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. 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. K. 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 Amendments to Article VI, if any are included in Attachment C. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 12 of 17 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 The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder, D. Termination (1) This AGREEMENT may be terminated a.) for convenience only by the City on 30 days'written notice. 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 of 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.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 13 of 17 C.) The 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 termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, 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, other than liability for damage to the extent 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 Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 14 of 17 I. 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. J. 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. K. 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. Article VII Attachments, Schedules and Counterparts 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: City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 15 of 17 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 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. t Susan Alanis AssistantCity.Manager w, s'. !DY P 1i OP11- Date: (Signatory's Printed Name`, i r (Signatory's Printed Title) Date: 1z+— 1 7 APPROVAL RECOMMEND By. ichard Zavala director, Park and Recreation Dept. 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. Dwight Tayl _._._..n...� Project Ma ge OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FTn WORTH,TX Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 16 of 17 APPROVED AS TO FORM AND LEGALITY By: Douglas W. Black Senior Assistant City Attorney Form 1295 No.: N/A ATTEST: -i ," 7 Q ..... &C No.: N/A Ma a ser City' r taryIVII'&C Date: N/A OFFICIAL.RECORD CITY'EECRErARY City of Fort Worth,Texas '4 WORTH$ rx Standard Agreement for Engineering Related Design Services -- Revised Date:12.22.2016 Page 17 of 17 Attachment A Scope of Services Quiet Pool PURPOSE—Quiet Pool The purpose of the Fort Worth Water Gardens Quiet Pool project is to develop improvement recommendations and cost opinions for rehabilitation of the Quiet Pool based on evaluation of current facility condition and operation issues. Currently, significant issues exist with the following: water recirculation system restriction by tree roots, pool cleaning system failure, pedestrian paving failure throughout the site, storm drain system blockage by tree roots, landscape irrigation system failure, plumbing system leakage caused by tree root invasion, hardscape damage caused by tree root invasion,and increasing decline of tree health. The design intent for all proposed improvements is to complement the original design character of the Quiet Pool and Water Gardens and to fit seamlessly within the existing park as though part of the original development. It is anticipated that the ENGINEER's recommendations and cost opinions will serve as a reference for future discussions, project budgeting,and preparation of construction documents. BASIC SERVICES—Quiet Pool ENGINEER shall be responsible for providing the following basic services for the project. Basic services for both the Quiet Pool and South Wall projects shall be provided concurrently. 1. Coordination/Management/Communication ENGINEER shall perform the following tasks: A) Attend one (1) project kickoff meeting (two-hour duration) with CITY to review project scope,schedule,deliverables,expectations,status reporting,and communication for the project. B) Lead and manage the ENGINEER and sub-consultant team throughout the project. C) Communicate regularly by phone and email with CITY staff. D) Provide to CITY a one-page project status report on the last business day of each month throughout the project. E) Participate in meetings and work sessions with CITY staff as noted specifically in each task described below. (All meetings and work sessions shall be held at ENGINEER's Fort Worth Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page i of 11 office unless specified otherwise. CITY and ENGINEER shall coordinate to determine date and time of meetings and work sessions. CITY shall coordinate participation by CITY staff and ENGINEER shall coordinate participation by subconsultant team.) 2. Data Review/Base Map ENGINEER shall perform the following tasks: A) Gather and review readily available project data provided by CITY and ENGINEER upon initiation of project. B) Prepare a base map for the project utilizing project data provided by CITY and ENGINEER, ENGINEER's available mapping, and readily available mapping/aerial photography sources such as Google, Bing, NCTCOG, etc. The base map shall be a compilation of existing information but shall incorporate basic labeling and appropriate minor linework adjustments, if any, justified by CITY's and ENGINEER's field observations as may be necessary to facilitate accuracy of ENGINEER's recommendations. The base map shall include, at a minimum, the area within the project limits defined in Attachment E -Project Location Map. The project base map shall be suitable for use in both 22 x 34 inch (full size)and 11 x 17 inch (half size)formats,with black and white line work, labels, etc., and for use both with and without full-color aerial photo background. (ENGINEER shall provide an electronic pdf, an electronic jpeg, and three (3) paper hardcopies of each size and content version.) 3. Quiet Pool Rehabilitation Recommendations ENGINEER shall perform the following tasks: A) Attend one (1) meeting (one-hour duration) with CITY staff to obtain direct input regarding current issues, conditions,operation,and activities programming and use. B) Visit the project site to review, photographically document, and evaluate the condition and operation of the following visually observable and readily accessible elements in the pool area at lower level and perimeter observation area at upper level (including any visually observable and readily accessible Quiet Pool element components that may extend into Water Gardens park site, beyond project limits shown on Attachment E - Project Location Map, but not beyond the park-side curb line of adjacent streets and Convention Center promenade). Review and evaluation shall include,at a minimum,the following Quiet Pool elements: Water Feature evaluate the system, determine pipe sizes, valve locations, and general equipment used Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 2 of 11 • evaluate the condition of the electrical system(including power distribution, switchgear, and other electrical equipment in the equipment room to determine the condition of the existing equipment) • perform a pressure check on the existing pipe system to see if the existing pipe system is in working order(to determine the extent of the cost to restore the water feature (Note: it is likely that the existing pipes in the equipment room will be disconnected in order to facilitate the pressure check. If the piping cannot be disconnected without permanently disabling the system,the test cannot be performed unless additional costs can be added to repair the system to operational condition.) • if the pressure check on the system fails, ENGINEER shall recommend performing videoing the existing lines that failed the pressure check—this shall allow ENGINEER to determine the extent of the damage, and determine where the break is and how much it will cost to repair it. (Note: ENGINEER shall sub this work out to a sub-contractor that ENGINEER's sub-consultant team has worked with inthepast,atan hourly rate agreed to by CITY and ENGINEER since it is impossible at time of project initiation to estimate if and how much videoing is needed.) • if the pressure check on the system passes, ENGINEER will use the existing pump to flow water through the system to evaluate the works of the system.This will show how and where the system discharges water, and will help evaluate how to move forward with ENGINEER's recommendations. • Evaluate filtration system/water quality system, debris collection, electric system, lighting, piping, electrical conduit • examine the water effect elements(weir edges, diverters, nozzles) Structures,Stairways, Pavement and Site Drainage • structures including pool basin, seat walls,wet walls,water troughs, barrier walls,stairs, ramps, and landings • pedestrian paving and site drainage Trees and Tree Root Zones • for the potential option of keeping existing trees, evaluate the existing trees and root zones to determine: (i)whether the trees can be saved and if so (ii)what techniques should be implemented to accomplish this(root pruning, root barrier installation, irrigation/feeding/drainage system upgrades,crown pruning,etc.) (iii)what the likelihood is of a successful result Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 3 of 11 • for the potential option of removing and replacing existing trees,determine: (i) techniques that should be implemented to ensure best results (species options, tree size and spacing, root barriers, soil/water/nutrient/drainage system,etc.) Accessibility • evaluate existing elements and conditions in relationship to accessibility provisions • determine deficiencies discovered and advise of existing areas of non- compliance • consider future construction and improvements and provide accessibility recommendations Irrigation • evaluate existing irrigation system components for compatibility of use with a new tree irrigation system(assume existing system is inoperable and will be replaced) • consider future construction and improvements (rehabilitation of existing trees/root zones or complete replacement with new trees/root zones and provide recommendations for irrigation system components for both options C) Prepare recommendations for improvements to correct condition issues and deficiencies for all Quiet Pool elements reviewed and evaluated in previous subtask. The ENGINEER may make multiple recommendations for improvements for review with CITY. However, the ENGINEER shall not be .required to make more than one (1) recommendation nor to exceed two (2) recommendations for each improvements category. D) Prepare a concept-level opinion of probable construction cost for all recommended improvements. The cost opinion shall be based on the quantities indicated (rounded where applicable) in the ENGINEER's recommended improvements and on unit prices current at the time of the cost opinion calculation. E) Prepare a summary of findings of evaluation of conditions and operation in a memorandum which includes evaluation narrative descriptions, photographs, recommendations,cost opinions, and a simple color illustrative plan (either CAD drafted or hand-drawn)with location,general layout,and labels/legend representing ENGINEER's recommended improvements. The illustrative plan shall be suitable for use in both 22 inch x 34 inch(full size)and 11 inch x 17 inch(half size)formats and for use both with and without full-color aerial photo background. Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 4 of 11 The summary memorandum shall be 11 x 17 inch format. (ENGINEER shall provide an electronic pdf,an electronic jpeg,and three(3)paper hardcopies of each size and content version.) ENGINEER shall, at request of CITY,transmit to CITY electronic copies of ENGINEER work product components including but not limited to data, photos, images, text, design concepts, cost opinions, etc. for project-related use by CITY including but not limited to project budgeting and coordination,slideshow preparation,stakeholder meetings,etc. F) Attend one (1) meeting (one-hour duration)with CITY to review ENGINEER'S conditions and operation evaluation summary memorandum. G) Finalize summary memorandum incorporating input from CITY review. Final summary memorandum shall meet the same format and loose copy requirements of the preliminary summary memorandum submittal with the following additional requirement: provide twelve(12)plastic-coil-spiral-bound full color 11 inch x 17 inch hardcopy sets each with a simple full-color cover sheet (based on a full color photo background with titles, logos,etc provided by CITY). SPECIAL SERVICES—Quiet Pool ENGINEER shall not be responsible for providing any special services for the Quiet Pool project unless requested by CITY and agreed to by CITY and ENGINEER in writing prior to performance of such services. CITY shall determine whether or not such services shall be considered'contingency services'or`additional services'. Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 5 of 11 South Wall PURPOSE—South Wall The purpose of the Fort Worth Water Gardens South Wall project is to develop alternative design concepts and associated cost opinions for redevelopment options at the South Wall area of the park. The design concepts will address the visual and functional impacts of alternative wall configurations and locations such as: modifying the wall in its current location; removing the existing wall and constructing a new wall in a different location;adding a restaurant and restroom into the South Wall area; adjusting the current park south boundary for wall reconfiguration options; and coordinating redevelopment design concepts with proposed future Lancaster development. All wall redevelopment options are anticipated to incorporate stepped planter walls, landscape plantings, and multiple pedestrian access points consistent with other existing 'park edges'. The design intent for all proposed improvements is to complement the original design character of the Quiet Pool and Water Gardens and to fit seamlessly within the existing park as though part of the original development. It is anticipated that the ENGINEER's alternative design concepts and cost opinions will serve as a reference for future discussions, project budgeting, preparation of construction documents, and coordination with anticipated Lancaster Avenue redevelopment. BASIC SERVICES—South Wall ENGINEER shall be responsible for providing the following basic services for the project. Basic services for both the South Wall and Quiet Pool projects shall be provided concurrently. 1. Coordination/Management/Communication ENGINEER shall perform the following tasks: A) Attend one (1) project kickoff meeting (two-hour duration) with CITY to review project scope,schedule,deliverables,expectations,status reporting,and communication for the project. B) Lead and manage the ENGINEER and sub-consultant team throughout the project. C) Communicate regularly by phone and email with CITY staff. D) Provide to CITY a one-page project status report on the last business day of each month throughout the project. E) Participate in meetings and work sessions with CITY staff as noted specifically in each task described below. (All meetings and work sessions shall be held at ENGINEER's Fort Worth office unless specified otherwise. CITY and ENGINEER shall coordinate to determine date Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 6 of 11 and time of meetings and work sessions. CITY shall coordinate participation by CITY staff and ENGINEER shall coordinate participation by sub-consultant team.) 2. Data Review/Base Map ENGINEER shall perform the following tasks: A) Gather and review readily available project data provided by CITY and ENGINEER upon initiation of project. B) Prepare a base map for the project utilizing project data provided by CITY and ENGINEER, ENGINEER's available mapping, and readily available mapping/aerial photography sources such as Google, Bing, NCTCOG, etc. The base map shall be a compilation of existing information but shall incorporate basic labeling and appropriate minor linework adjustments, if any, justified by CITY's and ENGINEER's field observations as may be necessary to facilitate accuracy of ENGINEER's recommendations. The base map shall include, at a minimum, the area within the project limits defined in Attachment E - Project Location Map. The project base map shall be suitable for use in both 22 x 34 inch (full size)and 11 x 17 inch (half size)formats,with black and white line work, labels, etc., and for use both with and without full-color aerial photo background. (Engineer shall provide an electronic pdf, an electronic jpeg, and three (3) paper hardcopies of each size and content version.) 3. South Wall Redevelopment Concepts ENGINEER shall perform the following tasks: A) Attend one (1) meeting (one-hour duration) with CITY staff to obtain direct input regarding current issues, conditions,operation, and activities programming and use. B) Visit the project site to review, photographically document, and review existing site conditions and operational characteristics of the following visually observable and readily accessible elements within the project limits shown on Attachment E—Project Location Map. Review shall include,at a minimum,the following South Wall area elements: Structures,Steps, Pavement and Site Drainage • structures including walls, raised planters,steps, ramps, landings,and gates • pedestrian paving and site drainage • pedestrian and maintenance access Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 7 of 11 Planting • types and massing/general layout of trees,shrubs,groundcovers,and turf Site Furnishings, Pedestrian Lighting, and Tree Wells • approximate locations of Lancaster Avenue streetscape elements (utilizing readily available aerial photography) Accessibility • Inspect and document existing elements and conditions in relationship to accessibility provisions • Provide report of deficiencies discovered and advise of existing areas of non- compliance • Consider future construction and improvements and provide accessibility recommendations C) Attend one(1)work session meeting(two-to-four hour duration)with CITY staff to initiate conceptual layouts for six (6) alternatives for South Wall redevelopment, anticipated to represent to following general configurations: ■ Add Pedestrian Access Points and Raised Planters into Existing Wall and within Existing Park Limit • Build New Wall,Access Points,and Raised Planters in Park Limit Expanded 50 ft+to Lancaster Streetscape Edge and Enlarge Park Theater Lawn Area • Build New Wall,Access Points, and Raised Planters in Park Limit Expanded 50 ft + to Lancaster Streetscape Edge and with Restaurant / Dining Court / Restroom added to Park Theater Lawn Area (similar to Philip Johnson Alan Ritchie Architects 2000 design) ■ Build Shared Pedestrian Access Points and Raised Planters with New Lancaster Commercial Development, Straddling Existing Park Limit and Incorporating Portion of Commercial Development Building as Park Edge • Remove Existing Wall and Utilize Wall of New Lancaster Commercial Development Building as Edge of Theater Lawn Area and utilize Opening(s) through Commercial Development Building as Pedestrian Access Point(s) ■ Build New Wall, Access Points, and Raised Planters Into Reduced Park Limit/Reduced Theater Lawn Area to Accommodate New Lancaster Commercial Development Encroachment Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 8 of 11 D) Prepare one(1)preliminary design concept package for each of the six(6)redevelopment alternatives of the South Wall area. The preliminary alternatives shall follow the design direction and criteria established in the design work session with the CITY unless directed otherwise by CITY. The concepts shall include, at a minimum, basic layout configuration of the following South Wall area improvement elements: Structures • walls, raised planters,buildings • pedestrian paving • pedestrian and maintenance access points Planting • types and massing/general layout of trees,shrubs,groundcovers,and turf The preliminary design concept packages shall include simple color illustrations(either all hardline CAD drafted or all hand-drawn). Each package shall include one (1) plan view, one(1)section view(through wall),and one(1)elevation view(either street side or park side as directed by CITY), at appropriate architectural or engineering scale to fit format. The preliminary design concepts shall be provided in full color in 11 inch x 17 inch landscape format. (Provide an electronic pdf, an electronic jpeg, and three (3) unbound paper hardcopies of each sheet for each concept.) ENGINEER shall,at request of CITY,transmit to CITY electronic copies of ENGINEER work product components including but not limited to data, photos, images, text, design concepts, cost opinions, etc. for project-related use by CITY including but not limited to project budgeting and coordination,slideshow preparation,stakeholder meetings,etc. E) Prepare a preliminary concept-level opinion of probable construction cost for all proposed improvements shown in the design concept for each alternative. The cost opinion shall be based on the quantities indicated (rounded where applicable) in the ENGINEER's design concepts and on unit prices current at the time of the cost opinion calculation. The cost opinions shall include lump sum allowance amounts for site lighting and irrigation. F) Attend one (1) meeting (one-hour duration) with CITY to review the preliminary design concepts and cost opinions. G) Prepare one (1) final design concept package for each of the six (6) redevelopment alternatives of the South Wall area. The final alternatives shall follow the design direction established in the review meeting with the CITY unless directed otherwise by the CITY. Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 9 of 11 The final design concept packages shall meet the same format and loose copy requirements of the preliminary design concepts submittal with the following additional requirement: provide twelve (12) plastic-coil-spiral-bound full color 11 inch x 17 inch hardcopy sets, each set containing all six(6)final design concepts and a simple full-color cover sheet (based on a full color photo background with titles, logos, etc provided by CITY). H) Prepare a final concept-level opinion of probable construction cost for all proposed improvements shown in the design concept for each alternative based on direction established in the review meeting with the CITY unless directed otherwise by the CITY. (ENGINEER shall include cost opinions in bound concept sets if requested by CITY.) SPECIAL SERVICES—South Wall ENGINEER shall not be responsible for providing any Special Services for the South Wall project unless requested by CITY and agreed to by CITY and ENGINEER in writing prior to performance of such services. CITY shall determine whether or not such services shall be considered'Contingency Services'or'Additional Services'. Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 10 of 11 CLARIFICATIONS AND EXCLUSIONS—Quiet Pool and South Wall 1. Basic Services shall not include any services or work products by ENGINEER beyond those specifically described above. 2. CITY shall provide review,coordination, and submittals related to historic resources. 3. CITY shall provide review,coordination, and submittals related to tree preservation. 4. Preparation of preliminary/final construction documents and corresponding level of cost opinions and specifications for ENGINEER's recommended improvements are not included in Basic Services. 5. Specific detailed technical site investigative services including but not limited to topographic survey, subsurface utility exploration, geotechnical analysis, subsurface pipe routing determination,and soil analysis or percolation testing which may be required for preparation of preliminary/final construction documents for ENGINEER's recommended improvements are not included in Basic Services. 6. Bid Phase services (including but not limited to bid form or invitation preparation, bidding advertisement and coordination, recommended bidder list, attendance of pre-bid conference, response to requests for information, review/evaluation/tabulation of bids, and bidder selection)are not included in Basic Services. 7. Construction Phase services (including but not limited to attendance of pre-construction conference, review of construction sequencing, review of contractor submittals and shop drawings, attendance of construction progress/coordination meetings, review of contractor pay requests, construction site visits/inspections, preparation of construction observation reports or punch lists, and attendance of final walk-through) are not included in Basic Services. 8. Preparation of 3-D renderings, 3-D modeling, or 3-D visualization illustrations and/or video are not included in Basic Services. 9. Coordination by ENGINEER with entities or agencies other than CITY Park & Recreation Department is not included in Basic Services. 10. Evaluation and recommendation of improvements related to area lighting (non-water- feature-effect-related lighting), signage and wayfinding, acoustics, sound/audio/wifi/other technology delivery is not included in Basic Services. 11. Revisions to ENGINEER's recommendations, designs, cost opinions, or other deliverables previously reviewed and approved by CITY are not included in Basic Services. 12. Preparation, submittal, and/or coordination for regulatory review, processing, and/or approval of engineering, transportation, planning/zoning studies is not included in Basic Services. Attachment A Scope of Services Water Gardens Quiet Pool&South Wall Page 11 of 11 Attachment B Compensation The services described in Attachment A Scope of Services shall be provided for a total lump sum fee of$90,000.00(Ninety Thousand Dollars). The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services described in Attachment A Scope of Services shall be invoiced to the CITY on a monthly basis, based upon percentage completed for each task. The fee breakdown by task for the services described in Attachment A Scope of Services is shown below. Quiet Pool Task Fee Basic Services 1. Coordination/Management/Communication $ 4,700 2. Data Review/Base Map $ 1,900 3. Quiet Pool Rehab Recommendations 43,400 Subtotal Basic Services $ 50,000 Special Services 1. Contingency Services (as authorized) 10,000 Subtotal Special Services $ 10,000 Quiet Pool Fee Subtotal $ 60,000 South Wall Task Fee Basic Services 1. Coordination/Management/Communication $ 6,500 2. Data Review/Base Map $ 1,800 3. South Wall Redevelopment Concepts 21,700 Subtotal Basic Services $ 30,000 Special Services 1. N/A(no special services authorized) Subtotal Special Services $ 0 South Wall Fee Subtotal 30,000 TOTAL FEE FOR SERVICES $ 90,000 Attachment B Compensation Water Gardens Quiet Pool&South Wall Page 1 of 1 Attachment C Amendments to Standard Agreement for Engineering Related Professional Services (No amendments are required.) Attachment C Amendments to Standard Agreement for Engineering Related Professional Services Water Gardens Quiet Pool&South Wall Page 1 of 1 Attachment D Schedule The services for Quiet Pool and South Wall shall be provided concurrently Services shall begin upon ENGINEER'S receipt of notice-to-proceed from CITY and are anticipated to be completed within four months(within approximately 13 weeks). The anticipated time duration breakdown by task for the services described in Attachment A Scope of Services is shown below. Quiet Pool Task Duration Basic Services 1. Coordination/Management/Communication N/A 2. Data Review/Base Map 2 Weeks 3. Quiet Pool Rehab Recommendations 11 Weeks Special Services 1. Contingency Services(as authorized) N/A Quiet Pool Duration Subtotal 13 Weeks South Wall Task Duration Basic Services 1. Coordination/Management/Communication N/A 2. Data Review/Site Visit/Base Map 2 Weeks 3. South Wall Redevelopment Concepts 11 Weeks Special Services 1. N/A(no special services authorized) N/A South Wall Duration Subtotal 13 Weeks TOTAL PROJECT DURATION 13 Weeks Attachment D Schedule Water Gardens Quiet Pool&South Wall Page 1 of 1 Attachment E Project Location Map Project locations are shown below. Y � +� w ..,... A Quiet Pool and South Wall locations within Fort Worth Water Gardens Attachment E Project Location Map Water Gardens Quiet Pool&South wall Page 1 of i Supplemental Attachment PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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 ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. BY: ENGINEER Freese and Nichols, Inc. i (Sign r I U Wendy Shabay, AICP (Signatory's Printed Name) Principal &Vice-President (Signatory's Printed Title) November 15, 2017 (Printed Date) Supplemental Attachment PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Water Gardens Quiet Pool&South Wall Page 1 of 1