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HomeMy WebLinkAboutContract 63925CSC No. 63925 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: Fort Worth Water Gardens — Project No. 104751. 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 $693,078.00 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 a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: June 13, 2025 Page 1 of 15 Fort Worth Water Gardens 104751 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 2 of 15 the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. E. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. F. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY 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. City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 3 of 15 (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. G. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. H. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. I. Record Drawings City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 4 of 15 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 has goals for the full d equitable n Trtinina+inn of minority hi isinesy andler wernon buoiness enterp in City Go„traGtS greator then nnordanoe with y's Ri isiness Equity Ordinanne Aln fl . I n a ��,��T�,-r-t�--r�+t��T., �� 25165 1 (1_2021 ( Goodified in Chapter�0 rtiGle Y�of the City's Code of Ordona C � IQ',C,^cm'I ended and nary relevant p0liGy OF g. iidanno rinni imeRtS) Engineer aGi�'jlty�t/��wledges�/�t� _MRFn rnr� \/\a / m�oaallsi established for this Aggre..emertand its exeGUtieR of tR1is Agreement io En ' commitment to nroSGribe l BE and \JPF— parti"inatinn goals.A misrepresentation of fasts (ethor than a negligent misrepresentation) andior the commission of fraud by the Engineer may result in the-tsrmir.0on of this Agreement and debarment from pQrtinipating in City nontrants for a neried of time of tt1ccr_ th&n three (3) years K. 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 City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 5 of 15 notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. L. 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. M. 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. N. 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. O. 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. P. 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 City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 6 of 15 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. Q. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 7 of 15 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 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 City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 8 of 15 person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 9 of 15 C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 10 of 15 commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor orsupplier. 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 City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 11 of 15 claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 12 of 15 shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 13 of 15 firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Dana sL ►r hdoff Dana Burghdoff (Sep 6, 20251✓ Dana Burghdoff Assistant City Manager Date: 09/06/2025 �FOAT� ATTEST: =o I Opa ��n o5� V Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: 49V fo., Dave Lewis Director, Park & Recreation BY: ENGINEER Freese and Nichols, INC. W&ffn y Wendy Bonneau(Aug 19, 2025 13:29:07 CDT) Wendy Shabay Bonneau Vice President Date: 08/19/2025 J lhcElhany Sa JY APPROVED AS TO FORM AND LEGALITY City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 14 of 15 Douglas Black (Sep 5, 2025 17:03:44 CDT) By. Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No.: 25-0481 M&C Date: 6-10-2025 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. Seth Henry Landscape Architect OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: June 13, 2025 Page 15 of 15 M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FoR� VV� REFERENCE **M&C 25- 80WATER GARDENS DATE: 6/10/2025 NO.: 0481 LOG NAME: RENOVATION DESIGN SERVICES CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9) Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in an Amount Up to $693,078.00 for Preparation of Construction Documents for Renovations to the Fort Worth Water Gardens (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a standard engineering agreement with Freese and Nichols, Inc., in an amount up to $693,078.00 for preparation of construction documents for renovations to the Fort Worth Water Gardens (City Project No. 104751). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a standard engineering agreement with Freese and Nichols, Inc., in an amount up to $693,078.00, for design services to address various repairs and improvements needed for the renovation of the Fort Worth Water Gardens. In preparation for the 2022 Bond Program, the Park & Recreation Department (PARD) issued a request for qualifications (RFQ) for professional services related to civil, planning, facility and park development. As a result of this RFQ, a pool of 22 professional service firms was created. Freese & Nichols, Inc., with their previous experience in Water Gardens projects, was selected as the most qualified firm to undertake this project. The scope will include improvement or replacement of aging infrastructure, including pipes, pump systems, electrical, lighting, operating system software, and concrete paving for the 50-year-old Water Gardens as part of the 2022 Bond Program. The Fort Worth Water Gardens, a distinguished 4.3-acre urban park situated just south of the Fort Worth Convention Center, was designed by renowned architects Philip Johnson and John Burgee and completed in 1974. On March 19, 2024, the City Council authorized a professional service agreement with Freese and Nichols, Inc., for professional services associated with the renovation of the Fort Worth Convention Center (City Secretary No. 61306, M&C 24-0230); included in the scope was an assessment report for the Fort Worth Water Gardens. On November 20, 2024, Amendment No. 1 was administratively executed for investigative research on the history of design and construction improvements at the Water Gardens, along with evaluations of existing lighting conditions, to be included along with the overall site assessment report. Funding is budgeted in the 2022 Bond Program Fund in the amount of $6,500,000.00 for renovations at the Fort Worth Water Gardens (22 Bond Water Garden project). This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33342&councildate=6/10/2O25 6/24/2025 M&C Review Page 2 of 2 accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). The Business Equity Division placed a 4.90\% business equity goal on this solicitation/contract. Freese and Nichols, Inc., will be exceeding the goal at 21.14\%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. The Fort Worth Water Gardens is located in Council District 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the 22 Bond Water Garden project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: Dana Burghdoff (8018) Originating Department Head: Additional Information Contact: ATTACHMENTS Dave Lewis (5717) Joel McElhany (5745) 25-104751(AE Water Garden Desicin)CM-NS.pdf (CFW Internal) 80WATER GARDENS RENOVATION DESIGN SERVICES FID TABLE.xlsx (CFW Internal) Form 1295 Certificate 101326926 Fort Worth.odf (CFW Internal) Funds Available 02.docx (CFW Internal) MAP -WATER GARDENS. PDF (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33342&councildate=6/10/2O25 6/24/2025 Attachment A Scope of Services PROJECT UNDERSTANDING Freese and Nichols, Inc. (FNI) understands that the purpose of the Fort Worth Water Gardens Renovation Design project is to provide engineering services for the design and construction phases of improvements to the Active pool water feature and pump room #1. The scope of services and fees will be defined based on the available funding of approximately $3.73 million (2022 allocation) for construction. The improvements included in this Phase 1 renovation project were evaluated as part of the assessment report issued by FNI on November 21, 2024, specifically under Cost Package B. For details regarding the project area, boundaries, and coverage, refer to Attachment E. Areas to be included: A. Active pool improvements 1. Replace water features piping 2. New plaster (water proofing) 3. Replace water fountain lighting, conduits and wiring 4. Replace controls 5. Replace filtration 6. Replace water treatment system B. Pump room #1 expansion 1. Expand existing pump room to include new separate chemical room and electrical equipment room 2. Renovate existing restroom to be ADA compliant 3. Replace all water feature electrical equipment 4. Replace Motor Control Center (MCC) "MCC -A" Replace water feature pumping system and associated piping HVAC system improvements for pump room and electrical equipment room Miscellaneous electrical improvements C. Site general condition improvements (within project area) 1. Miscellaneous and supportive work necessary for the pump room #1 expansion, including: i. Hardscape demolition and restoration ii. Modification to drainage system iii. Modification to trees/planters as needed to accommodate improvements. The proposed improvements focus on the expansion of Pump Room #1, which serves the Active Pool. These renovations are relatively self-contained, minimizing their impact on other options. Notably, they do not require building Pump Room #3, thereby preserving the possibility of constructing a consolidated pump room in the future. Additionally, these improvements avoid the removal of trees and the loss of landscaping associated with expanding other pump rooms during the Phase 1 project. As a result, this approach offers the greatest flexibility for future decisions regarding pump room expansion or reconstruction. At 50 years old, many of the MEP components have reached the end of their useful life. This project replaces those items while maintaining the design intent and feel of the original water July 28, 2025 Page 1 of 5 Scope of Services Water Gardens Renovation Design gardens park. The project design covers the entire Active Pool area. While the OPCC value for this cost package from the assessment report may exceed current funds available, bid options may be incorporated into the design package if favorable bidding allows for more work to be awarded or if additional funds are made available. BASIC SERVICES FNI will render professional services for the scope of work below: A. Project Management 1. Attend project kick-off and monthly client meetings (PM — in person; other team members - virtual) 2. Attend three (3) stakeholder meetings (PM — in person) 3. Provide corporate support and maintain periodic client communications. 4. Internal kickoff meeting and internal bi-weekly meetings (virtual) 5. Quality control and quality assurance reviews 6. Monthly status reports and invoicing 7. Maintain scope, budget, and project schedule. B. For Areas A to C mentioned under the Project Understanding, design scope per discipline will include the following tasks within the project area: 1. Architecture a. Provide Code Review including local amendments and zoning, ADA compliance review and inspection. b. Collaborate with Structural, MEP and Pumps/Water features sub -consultant to create 3d Revit model for only the following areas (2 basic Revit 3D views will be provided for detailed renderings): i. Renovation of existing Active Pool ii. Renovation of existing Pump Room #1 c. Create Site Plan for Active pool and Pump room #1 and Floor Plans, Sections and Elevations for Pump room #1 within project area. d. Provide Enlarged Plans, Interior Elevations, Schedules and Details. e. Coordinate with Registered Accessibility Specialist (RAS) to register project with Texas Department of Licensing and Regulation (TDLR); submit signed and sealed construction documents to RAS for the required plan review. 2. Structural a. Provide concrete design supporting the expansion of Pump Room #1 b. Provide details for repair of architectural concrete cracks and spalls within the Active Pool and Pump Room #1 areas 3. Mechanical / Plumbing: a. Provide design for the replacement of the mechanical system serving the Active Pool, including: i Replace water features piping ii Design of chemical system controls iii Design for HVAC replacement and improvement for the expanded pump room #1 iv Provide Hydraulic calculations v Provide design for water feature supply/return piping within pump room #1 July 28, 2025 Page 2 of 5 Scope of Services Water Gardens Renovation Design vi Provide design for water feature pumps, filtration, and treatment system vii Provide design for replacement of storm water discharge pumps to pump storm water from sump at base of pump room #1 to storm sewer in street. b. Provide plumbing design for the restroom in pump room #1 c. Replace drainage pumps 4. Electrical a. Replace MCC -A with a switchboard and the replacement transformers, and panelboards in Pump Room #1. b. Provide Electrical power design for new pumps, water feature and chemical systems. c. Provide Electrical design for general electrical needs in Pump Room #1, including interior lighting, receptacles, and re -feeding from MCC -A. d. Provide Electrical design to maintain electrical service to electrical systems outside of this scope but served by "MCC -A" or Pump Room #1. 5. Landscape Architecture a. Planter replacement / alteration for area impacted by pump room expansion 6. Civil a. Storm drainage modification (near the pump room # 1 expansion area). C. Provide specifications for each discipline listed above. D. Provide Matterport scan for the project area. E. Provide CMAR coordination and communication during design, bid, and construction phases. F. Provide bid phase services including attendance of pre -bid conference, response to requests for information (RFIs), and (1) pre -bid site visit. G. Provide construction phase services including the following: 1. Attendance of pre -construction meeting (virtual). 2. Response to RFls. 3. Prepare Change Orders, Field Orders, PCMs if required. 4. Review of contractor submittals and shop drawings. 5. Attendance of construction progress/coordination meetings (bi-monthly). 6. Construction site visits/inspections, preparation of construction observation reports or punch lists, and attendance of final walkthrough (total 3 site visits). 7. Provide record drawings based on red -lines maintained by contractor. SPECIAL SERVICES FNI shall not be responsible for providing any special services for this project unless requested by the City of Fort Worth (CITY) and agreed to by CITY and FNI in writing prior to the performance of such services. CITY shall determine whether or not such services shall be considered 'contingency services' or'additional services.' 1. Topographic survey 2. Boundary survey July 28, 2025 Page 3 of 5 Scope of Services Water Gardens Renovation Design 3. Subsurface utility exploration (SUE) 4. Geotechnical analysis 5. Subsurface pipe routing determination 6. Soil analysis or percolation testing CLARIFICATIONS AND EXCLUSIONS 1. Basic Services shall not include any services or work products by FNI beyond those specifically described above. 2. CITY shall provide review, coordination, and submittals related to historic resources and tree preservation. 3. FNI will utilize and incorporate the data from previous projects performed by FNI at the Water Gardens into this project. 4. 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 are not included in Basic Services. 5. Bid Phase services beyond what is listed above (including but not limited to bid form or invitation preparation, bidding advertisement and coordination, recommended bidder list, review/evaluation/tabulation of bids, and bidder selection) are not included in Basic Services. 6. Construction Phase services beyond what is listed above (including but not limited to review of construction sequencing and review of contractor pay requests) are not included in Basic Services. 7. Preparation of 3-D renderings, 3-D modeling, or 3-D visualization illustrations and/or videos beyond what is listed above are not included in Basic Services. 8. Coordination by FNI with entities or agencies other than CITY Park & Recreation Department and CMAR is not included in Basic Services. 9. The CITY will replace all light poles throughout the Water Gardens starting in December 2024. The design of lighting improvements related to area lighting (non -water -feature -effect -related lighting), acoustics, sound/audio/wifi/other technology delivery is not included in Basic Services. 10. Revisions to FNI's recommendations, designs, cost opinions, or other deliverables previously reviewed and approved by CITY are not included in Basic Services. 11. Preparation, submittal, and/or coordination for regulatory review, processing, and/or approval of engineering, transportation, planning/zoning studies is not included in Basic Services. 12. Replacement of site drainage and site general improvements are not included in Basic Services. Storm water discharge pumps will be replaced in kind. No additional storm water filtration is included. 13. Construction cost estimate is not included in Basic Services. 14. FNI will prepare the signed and sealed package for permit. FNI assumes that the City of Fort Worth — Parks and Planning and CMAR will provide the assistance during the permitting process. July 28, 2025 Page 4 of 5 Scope of Services Water Gardens Renovation Design 15. This proposal is valid for 90 days. DELIVERABLES 1. 30% Conceptual Design. 2. 90% design 3. 100% unsigned 4. 100% signed/sealed final design All deliverables will be electronic version (PDF), and one hard copy (half size) of the signed and sealed final design will be provided. PROJECT SCHEDULE FNI is authorized to commence work upon execution of the agreement and agrees to complete services per the attached schedule. FNI assumes two (2) weeks for CITY review on the 30% Conceptual Design, 90%, and 100% Design. FNI will schedule and organize a review meeting(s) to discuss CITY's comments on the 30% Conceptual Design, 90%, and 100% deliverables, respectively. If CITY should take longer for the review and return of comments than the period scheduled, FNI's time of performance shall be extended by the same number of calendar days, without additional cost to CITY. COMPENSATION The CITY shall pay FNI a lump sum amount of $693,078.00 (Six Hundred Ninety -Three Thousand, Seventy - Eight dollars). FNI shall not perform any additional services for the CITY not specified unless the CITY requests and approves in writing the additional costs for such services. July 28, 2025 Page 5 of 5 ATTACHMENT B COMPENSATION Fort Worth Water Gardens City Project No. 104751 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $693,078.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Park & Recreation Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B - Compensation 2025 Fort Worth Water Gardens Page 1 of 3 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Prime ENGINEER Freese and Nichols, Inc. Primary Responsibility Design engineering Proposed MWBE Sub-ENGINEERs Greenscape Pump Survey Services, Inc. Project Number & Name 104751- Fort Worth Water Gardens Gity ccl - 1mQ% City of Fort Worth, Texas Attachment B - Compensation 2025 Fort Worth Water Gardens Page 2 of 3 TOTAL Fee Amount % $546,578 79% $146,500 21 % $ 693,078 100% Total Fee �"`",.. BE MWBE % $693,078 $-146,600 21 % EN,Q,INEER Gemmotted GI - 2191e LM 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 work types and work phases. N/A City of Fort Worth, Texas Attachment B - Compensation 2025 Fort Worth Water Gardens Page 3 of 3 LAM ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Fort Worth Water Gardens City Project No. 104751 None City of Fort Worth, Texas Attachment C 2025 Fort Worth Water Gardens Page 1 of 1 ATTACHMENT "D" PROJECT SCHEDULE Fort Worth Water Gardens City Project No. 104751 The ENGINEER will work in timely manner to meet the project delivery goals of the City. The understanding of the project timing is as follows: As Attached City of Fort Worth, Texas Attachment D — Schedule of Services 2025 Fort Worth Water Gardens Page 1 of 1 ID Task Name e Mode (Task (Duration 1 S Fort Worth Water Gardens Renovation Design 840 days 2 -. Proposal 195 days 3 Submit S&S Assessment Report 1 day 4 Request for Proposal 1 day 5 Prepare proposal 33 days 6 V -, Submit Proposal to City 0 days 7 City Review & Comment 5 days 8 -5 Submit Revised proposal 2 days 9 -, Negotiations 5 days 10 V m City Council (Every Tuesday) 104 days 11 V m City Council (1/14/2025) 1 day 12 w City Council (1/21/2025) 1 day 13 ! City Council (1/28/2025) 1 day 14 City Council (6/10/2025) 1 day 15 Contract prep by City 20 days 16 FNI review of contract 10 days 17 + Contact signatures 27 days 18 Notice to Proceed for Design 1 day 19 + Project Initiation 14 days 20 -. Project setup 30 days 21 + Internal Kickoff Meeting 1 day 22 -. Review As built drawings and previous reports 2 days 23 + Brainstorming session & setup background files 1 day 24 Coordinate/Plan initial site visit 2 days 25 -4 Site Visit & External kickoff meeting 1 day 26 -4 Conceptual Design 46 days 27 -4 Develop conceptual design 20 days 28 -4 Conceptual design inhouse QC 10 days 29 -4 Post to Bluebeam 1 day 30 iin QC 5 days 31 n Pick up comments 2 days 32 n Backcheck 1 day 33 -. Compile full deliverable 1 day 34 -. Conceptual design to Client 1 day 35 + Conceptual design Client Review Period 10 days 36 Schedule and Conduct conceptual design Review meeting 5 days 37 -4 Schedule conceptual design Review Meeting 5 days 38 -4 conceptual design Review Meeting 1 day 39 -4 90% Design 46 days 40 n Prepare 90% design 20 days 41 -. 90% Inhouse QC 10 days 42 S Post to Bluebeam 1 day 43 S QC 5 days 44 Pick up comments 2 days 45 dr R Backcheck 1 day Cnbcal Split """"""' Printed: Tue 8/19/25 Critical Split """""""""" Task Progress 12:31 PM Critical Progress Manual Task Task Start -only C Fort Worth Water Gardens Renovation Design (Start (Finish I% Complete Predecessors ]uarter 1st Quarter I2nd Quarter 13rd Quarter I4th Quarter 11st Quarter I2nd Quarter 3rd Quarter 4th Quarter ist Quarter I2nd Quarter I3rd Quart Nov Dec lan Feb Mar Aor Mav Jun Jul A_,,e Oc[ Nov Dec Jan Feb,Mar AmlMav lun l.1 Auo Seo 0c[ Nov Dec lan Feh Mar Aor Mav lun lul Auo Thu 11/21/24 Fri 3/10/28 10% Thu 11/21/24 Fri 8/29/25 75% 75% Thu 11/21/24 Thu 11/21/24 100% r1100% Thu 11/21/24 Thu 11/21/24 100% 3 100% Fri 11/22/24 Fri 1/10/25 100% 4 100% Fri 1/10/25 Fri 1/10/25 100% 5 1/10 Tue 1/14/25 Mon 1/20/25 100% 6 11100% 100% Tue 1/21/25 Wed 1/22/25 100% 7 Tue 1/14/25 Mon 1/20/25 100% 6 1 10CN Tue 1/14/25 Tue 6/10/25 100% 100% Tue 1/14/25 Tue 1/14/25 100% 100% Tue 1/21/25 Tue 1/21/25 100% 100% Tue 1/28/25 Tue 1/28/25 100% 100% Tue 6/10/25 Tue 6/10/25 100% 100% Wed 6/11/25 Wed 7/9/25 100% 14 10� Thu 7/10/25 Wed 7/23/25 100% 15 MOT; Thu 7/24/25 Fri 8/29/25 0% 16 % Tue 9/9/25 Tue 9/9/25 0% 9,17FS+5 days Wed 9/10/25 Mon 9/29/25 0% 0% �% Wed 9/10/25 Tue 9/23/25 0% 18 0% Wed 9/24/25 Wed 9/24/25 0% 20 Thu 9/25/25 Fri 9/26/25 0% 21 y0_% % Fri 9/26/25 Fri 9/26/25 0% 22FFJ+T, % Thu 9/25/25 Fri 9/26/25 0% 21 r10% Mon 9/29/25 Mon 9/29/25 0% 24 0% Tue 9/30/25 Thu 12/4/25 0% 0% Tue 9/30/25 Mon 10/27/25 0% 25 0% Tue 1O/28/25 Mon 11/10/25 0% 0% Tue 10/28/25 Tue 10/28/25 0% 27 Wed 10/29/25 Tue 11/4/25 0% 29 yC '% Wed 11/5/25 Thu 11/6/25 0% 30 Fri 11/7/25 Fri 11/7/25 0% 31 ^0% J Mon 11/10/25 Mon 11/10/25 0% 32 0% Tue 11/11/25 Tue 11/11/25 0% 28 —0% Wed 11/12/25 Tue 11/25/25 0% 34 - 0% Wed 11/26/25 Thu 12/4/25 0% 0% Wed 11/26/25 Thu 12/4/25 0% 35 % Thu 12/4/25 Thu 12/4/25 0% 37FF % Fri 12/5/25 Wed 2/11/26 0% 0% Fri 12/5/25 Mon 1/5/26 0% 36 0% Tue 1/6/26 Tue 1/20/26 0% 0% Tue 1/6/26 Tue 1/6/26 0% 40 hyC% Wed 1/7/26 Tue 1/13/26 0% 42 +% Wed 1/14/26 Thu 1/15/26 0% 43 �% Fri 1/16/26 Fri 1/16/26 0% 44 D% Fmish-only 7 Baseline Milestone O Manual Summary r -----1 Inactve Task Duration -only Milestone ♦ Project Summary r ----1 Inactive Milestone Baseline Summary Progress External Tasks Inactive Summary Baseline Split .......... .......... Summary r r Ectemal Milestone ♦ Deadline a Attachment D_Project Schedule.v04.mpp Page 1 of 2 ID Task Name e Mode (Task 46 M. -4 Compile full report 47 a: -4 90%to Client 48 -4 90%Client Review Period 49 R Schedule and Conduct 90%Review meeting 50 -4 Schedule 90% Review Meeting 51 R 90%Review Meeting 52 n 100% Design 53 n Prepare 100% design 54 n 100% Inhouse QC 55 n 100% (unsigned) to Client 56 n 100% Client Review Period 57 -. 100% (unsigned) Review meeting 58 Prepare Final S&S design 59 + Submit S&S design 60 -4 Bidding 61 -4 City Prep for bidding 62 -4 Advertise 63 -4 Issue For Bid 64 -4 Pre -Bid site visit(s) 65 % Prepare bids 66 '4 Bids DUE 67 + Evaluate Bids 68 n City Award process and Council approval 69 n NTP for Construction 70 -� Construction 71 -. Mobilize 72 + Submittals 73 + Construction 74 Substantial completion 75 -4 GRAND REOPENING 76 -4 Close Out Critical Printed: Tue 8/19/25 12:31 PM Critical Split """"""" Critical Progress Task Attachment D_Project Schedule.v04.mpp Fort Worth Water Gardens Renovation Design (Duration (Start (Finish I%Complete Predecessors I2n1Quarter I3rd QuarteeuoavrteDec1: eIJwSoQ NJ6Mar A., M_IJun ul 01 NJ. 1 day Tue 1/20/26 Tue 1/20/26 0% 45 1 day Wed 1/21/26 Wed 1/21/26 0% 41 10 days Thu 1/22/26 Wed 2/4/26 0% 47 5 days Thu 2/5/26 Wed 2/11/26 0% 5 days Thu 2/5/26 Wed 2/11/26 0% 48 1 day Wed 2/11/26 Wed 2/11/26 0% SOFF 43 days Thu 2/12/26 Tue 4/14/26 0% 15 days Thu 2/12/26 Thu 3/5/26 0% 49 30 days Fri 3/6/26 Thu 3/19/26 0% 53 1 day Fri 3/20/26 Fri 3/20/26 0% 54 30 days Mon 3/23/26 Fri 4/3/26 0% 55 1 day Mon 4/6/26 Mon 4/6/26 0% 56 5 days Tue 4/7/26 Mon 4/13/26 0% 57 1 day Tue 4/14/26 Tue 4/14/26 0% 58 85 days Wed 4/15/26 Thu 8/13/26 0% 15 days Wed 4/15/26 Tue 5/5/26 0% 59 10 days Wed 5/6/26 Tue 5/19/26 0% 61 0 days Tue 5/19/26 Tue 5/19/26 0% 62 5 days Wed 5/20/26 Wed 5/27/26 0% 63 25 days Wed 5/20/26 Wed 6/24/26 0% 63 0 days Wed 6/24/26 Wed 6/24/26 0% 65 15 days Thu 6/25/26 Thu 7/16/26 0% 66 20 days Fri 7/17/26 Thu 8/13/26 0% 67 D days Thu 8/13/26 Thu 8/13/26 0% 68 405 days Fri 8/14/26 Fri 3/10/28 0% 15 days Fri 8/14/26 Thu 9/3/26 0% 69 80 days Fri 9/4/26 Fri 1/1/27 0% 71 360 days Fri 9/4/26 Fri 1/28/28 0% 71 0 days Fri 1/28/28 Fri 1/28/28 0% 73 0 days Fri 1/28/28 Fri 1/28/28 0% 74 30 days Mon 1/31/28 Fri 3/10/28 0% 75 Split ... """"""""' Fmish-only 7 Baseline Mtlestone O Manual Summary Inactve Task Task Progress Duration -only Milestone ♦ Project Summary Inactive Milestone Manual Task Baseline Summary Progress External Tasks Inactive Summary Start -only E Baseline Split .......... .......... Summary r . Extemal Milestone ♦ Deadline a Page 2 of 2 1 Sth Quarter ist Quarter I2nd Quarter I3rd Quart ]c[Nov Dec lan l Feh l Mar AorMavlun lul Auo 1' 0% ATTACHMENT "E" PROJECT LOCATION & MAP Fort Worth Water Gardens City Project No. 104751 The PROJECT is located in the southern end of Downtown Fort Worth adjacent to the Convention Center. See attachment for more information. City of Fort Worth, Texas Attachment E — Project Location & Map 2025 Fort Worth Water Gardens Page 1 of 1 10 Attachment C -Project Area and Scope Exhibit � � ' �• ��`p \ , . CASCADE \ � CENTER PLAZy Project Area , ��' Mtn• / .. � THEAERATION ` \ COOL THEACTNEYO9�. -•�`. '• /=,� ss i 4 `\\\ �•' ' i . ` �.'• \ 1 • 1 I THE THGRO1 1/w P O \�. I �• EQUIET PO wit CENTRAL SQUARE \� , •` /f � •.I111 Lp' \ rp THE MO GNTAIN = I / / a�i 5•(t� � •y'C 1 I1�'iFIESTAG 01 ` •\ ��\ �4 {. .' ti_ =>.. rtr�.�. -A •" --+--•+�. � � -. �' - +�aca�.rlw.7�'s-.=�sxaw.w. .w LANCASTERAVE I� 0 20' 40' 80' SCALE IN FEET NORTH EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liabilityor commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 C. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Fort Worth, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth 1of1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2025-1271175 Date Filed: 02/18/2025 Date Acknowledged 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract FPS Water Gardens Renovation Design 4 Name of Interested Party Reedy, Mike Payne, Jeff Hatley, Tricia Greer, Alan Chambers, Robert Brown, Jessica Archer, Charles Coltharp, Brian Pence, Bob 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Stephanie Bedison My address is 801 Cherry Street. Suite 2800 (street) Nature of interest City, State, Country (place of business) (check applicable) Controlling Intermediary Houston, TX United States X Fort Worth, TX United States X Oklahoma City, OK United States X Fort Worth, TX United States X Fort Worth, TX United States X Fort Worth, TX United States X Raleigh, NC United States X Fort Worth, TX United States X Fort Worth, TX United States X and my date of birth is Tuly 19, 1977 Fort Worth TX 76102 . US (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 18 day of February, 20 25 (month) (year) Signature 4Fauthorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.5dd2ace2 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Freese and Nichols, Inc. Subject of the Agreement: Fort Worth Water Gardens M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: NA If different from the approval date. If applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104751 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.