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HomeMy WebLinkAbout064535 - General - Contract - Freese and Nichols, Inc.City Secretary Contract No. 64535 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("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: Bridge and Retaining Wall Review Services ("Project"). Article I Scope of Services (1) Engineer hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, Engineers, or contractors, or prepared by Engineer, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Engineer shall be compensated an amount up to $50,000.00 ("Contract Amount") in accordance with the Fee Schedule shown 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. 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. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 1 of 9 Bridge and Retaining Wall Review Services OFFICIAL RECORD CITY SECRET�4RY FT. WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Engineer shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Engineer shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Engineer, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Engineer. Article V Professional Competence Work performed by Engineer shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Engineer's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Engineer or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification ENGINEER, AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY K1ND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO ENGINEER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL 1NJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY ENGINEER'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF ENGINEER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI� OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Bridge and Retaining Wall Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 2 of 9 Article VII 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. Article VIII 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. Article IX Transfer or Assignment Engineer, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Engineer at least 30-days prior to the date of termination, unless Engineer agrees in writing to an earlier termination date. (2) Either City or Engineer may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Engineer, Engineer shall discontinue Services on the date such termination is effective. City shall compensate Engineer for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Engineer agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to Agreement. Engineer agrees that City shall have access during normal working hours City of Fort Worth, Texas Bridge and Retaining Wall Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 3 of 9 to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Engineer reasonable advance notice of intended audits. (2) Engineer further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Engineer and any subcontractor reasonable advance notice of intended audit. (3) Engineer and subcontractor(s) agree to photocopy such documents as may be requested by City. 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. Article XII Observe and Comply Engineer shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect 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 or its subcontractor(s). Article XIII Immigration Nationality Act Engineer shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Engineer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under 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 City of Fort Worth, Texas Bridge and Retaining Wall Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 4 of 9 LICENSEES. City, upon written notice to Engineer, shall have the right to immediately terminate Agreement for violations of this provision by Engineer. Article XIV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XV 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. Article XVI Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shalt be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth City of Fort Worth, Texas Bridge and Retaining Wall Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 5 of 9 Attn: Leon Wilson, Jr., P.E., CFM Development Services-Transportation Development 100 Fort Worth Trail Fort Worth, Texas 76102 Engineer: Freese and Nichols, Inc. Attn: Vimal Nair 801 Cherry Street, Suite 2800 Fort Worth, TX 76102 All other notices may be provided as described above or via electronic means. Article XVIII Prohibition On Contracts With Companies Boycotting Israel Engineer, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Engineer has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Engineer certifies that Engineer's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Engineer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Bridge and Retaining Wall Review Services Standard Agreement for Professional Services Revision Date: August'18, 2025 Page 6 of 9 Article XIX 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. Article XX 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 firearm trade association during the term of this Agreement. Article XXI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. Article XXI City of Fort Worth, Texas Bridge and Retaining Wall Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 7 of 9 Attachments, Schedules and Counterparts 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 Agreement: Attachment A- Scope of Services Attachment B — Compensation Attachment C- Changes to Agreement �cJnt fJ �rnion� C�horJ� ilo Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date signed by the City's Assistant City Manager(Effective Date). BY: CITY OF FORT WORTH � Jesica McEachern Assistant City Manager O1/06/2026 Date: ATTEST: ���.� ..�..�--e� Jannette Goodall City Secretary 0 4FOR T nII �oF00000000 �yado o �° o9-��d Fa o P�a °=a °o�� �oo ao ��° ��4� nEXP.a?o4� APPROVAL ECOMMENDED: By: Dafton Harrell (Jan 6, 2026 14:59:30 CST) D.J. Harrell Director, Development Services City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 8 of 9 BY: ENGINEER Freese and Nichols, Inc. � �taG Nai� Vimal Nair (Dec 19, 202511:02:12 CST) Vimal Nair Vice Principal 12/19/2025 Date: Bridge and Retaining Wall Review Services �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY ���-�� � z--�- By: Richard A. McCracken Sr. Assistant City Attorney M&C No.: N/A M&C Date: N/A Form 1295: N/A 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. Leon wilson, Tv, P.E., CFM Leon Wilson, Jr., P.E., CFM Sr. Capital Projects Officer City of Fort WoAh, Texas Bridge and Retaining Wall Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 9 of 9 FORT WORTH-� ATTACHMENT "A" Scope for Enqineerinq Bridqe Desiqn Review Related Services for Development Services The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be perFormed and address the needs of the Project. OBJECTIVE The objective of this project is that Freese and Nichols, Inc. (FNI) (ENGINEER) will provide assistance in the review of developer submitted IPRC Bridge Design Plans for the City of Fort Worth Department of Development Services as necessary at CITY request until all funds are used. Reviews are anticipated to be performed during 2026-2027. The level of effort of review for each review request will vary depending on level of completeness of Developer submitted plans, complexity and size of the bridge structure, and number of resubmittal reviews necessary. Ui�L�7:7:iCil:��»:77�7:7►11��: Task 1. Project Management Task 2. Bridge and Retaining Wall Plan Reviews TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team: A. Lead, manage and direct design team activities B. Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. C. Communicate internally among team members D. Task and allocate team resources 1.2. Communications and Reporting: A. ENGINEER will maintain a log of all bridge and retaining wall reviews in a manner approved by the City Project Manager. The log will include project name and number, dates of receipt of plans, review costs, name of review engineer, date of completion of review, and status of review. B. At the request of the City Project Manager, the Consultant will attend meetings with the Developer and Developer Engineer to discuss comments. The Consultant will not discuss review comments or meet with Developers or Design Engineers concerning the review project outside of City meetings unless requested by City Staff. Ciry of Fort Worth, Texas Page 1 of 3 Attachment A Revision Date: 05.23.2024 Page 1 of 3 FORT WORTH,� �� C. Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. DELIVERABLES A. Bridge/Retaining Wall Design Review Logs B. Digital copies of all correspondence with Applicants C. Monthly Project Status Reports D. Monthly invoices TASK 2. BRIDGEIRETAINING WALL PLAN REVIEWS 2.1. Initiate Review Request A. CITY Project Manager (or designated representative) will provide ENGINEER with bridge and/or retaining wall plans submitted by Developer to be reviewed. CITY Project Manager should also provide additional background information needed by the ENGINEER for review such as existing bridge plans if modifications are being made to an existing bridge. B. Bridge plan review will involve general review of bridge layout, profile, and details for general conformance to relevant TxDOT and AASHTO design standards. Retaining Wall review will involve general review of layout, profile, and details for general conformance to relevant design standards. Design calculations will not be reviewed as part of this scope. 2.2. Pre-Submittal Review A. Upon receipt of the bridge/retaining wall plans, development plan set, and any information on existing infrastructure necessary, ENGINEER will review plans and provide comments. B. Comments will be provided as red marks on the PDF plan sheets and an accompanying Excel spreadsheet comment list. C. Pre-Submittal Reviews shall be completed, and comments provided within 5 business days of notification from CITY. D. CITY will be responsible for providing comments to Developer and Developer Engineer. 2.3. First Submittal Review A. Upon receipt of the plans, development plan set, response to previous comments provided by ENGINEER, and any information on existing infrastructure necessary, ENGINEER will review bridge plans and provide comments. B. Comments will be provided as red marks on the PDF plan sheets and an accompanying Excel spreadsheet comment list. C. First-Submittal Reviews shall be completed, and comments provided within 10 business days of notification from CITY. City of Fort Worth, Texas Page 2 of 3 Attachment A Revision Date: 05.23.2024 Page 2 of 3 FORT WORTH� D. CITY will be responsible for providing comments to Developer and designer. 2.4. Subsequent Compliance Reviews A. Upon receipt of the plans, development plan set, response to previous comments provided by ENGINEER, and any information on existing infrastructure necessary, ENGINEER will review bridge plans and provide comments. B. Comments will be provided as red marks on the PDF plan sheets and an accompanying Excel spreadsheet comment list. C. First-Submittal Reviews shall be completed, and comments provided within 10 business days of notification from CITY. D. CITY will be responsible for providing comments to Developer and designer. 2.5 Review Meetings A. At the request of CITY, ENGINEER will be available for meetings with Developer and Developer Engineer to discuss comments on Developer submitted plans. ASSUMPTIONS A. All deliverables will be in electronic (PDF or Excel) format B. CITY will be responsible for providing comments from the ENGINEER to the Developer and Developer Engineer C. All meetings will be virtual DELIVERABLES A. Pre-Submittal Review Comments B. First Submittal Review Comments C. Subsequent Compliance Review Comments (if applicable) Additional Services not included in the existinq Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Review of Design Calculations • Bridge or Development Site Visits and Inspections • Review of other structural plans City of Fort Worlh, Texas Page 3 of 3 Attachment A Revision Date: 0523.2024 Page 3 of 3 ATTACHMENT B COMPENSATION Development Review Services for Bridge and Retaining Walls Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated in an hourly amount not-to-exceed $50,000 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateqory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes ail direct salaries, overhead, and profit. Labor Category � Professional 1 � Professional 2 � Professional 3 � Professional 4 I Professional 5 � Professional 6 � Construction Manager 1 � Construction Manager 2 � Construction Manager 3 � Construction Manager 4 � Construction Manager 5 � Construction Manager 6 � Construction Representative 1 Construction Representative 2 Construction Representative 3 � Construction Representative 4 � CAD Technician/Designer 1 � CAD Technician/Designer 2 � CAD Technician/Designer 3 � Corporate Project Support 1 Corporate Project Support 2 Corporate Project Support 3 Intern / Coop Senior Advisor City of fort Worth, Texas Attachment 8 Revised Date: 8/18/2025 Page 1 of 4 Rate ($/hour) $148 $179 $202 $228 $266 $306 $129 $159 $172 $212 $254 $291 $117 $129 $159 $172 $127 $164 $198 $123 $146 $191 $86 $184 . ATTACHMENT B COMPENSATION ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) inciude, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports City of Fort Worth, Texas Attachment B Revised Date: 8/18I2025 Page 2 of 4 : ATTACHMENT B COMPENSATION A. The ENGINEER shall prepare and submit to the designated representative of the Development Services Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Freese and Nichols, Project Management and inc. Design Services Proposed Sub-Consultants � Project Number & Name Development Services Bridge/Retaining Wall Plan Reviews City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 3 of 4 Total Fee TOTAL Fee Amount % $50,000.00 100% $50,000 $50,000 100% Sub Fee $0 13�� EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 8/18/2025 Page 4 of 4 : � Freese and Nichois, Inc. office address � 8177357275I l801 Cherry Sireet, Suite 2800 �Fort Worth, TX 76102 Invoice CFW Project Manager Leon Wilson, P.E. Supplier's Project Manager: Hyunsik Moon I Supplier'S PM email: hvunsik.moonCa�treese.com I N7I11e Of P/OJ@Cf : Development Services Bridge/Retaining Wal� Plan Reviews Labor Cateaory (Professional 1 �Professional 2 �Professional 3 �Protessional 4 �Professional 5 � Professional 6 IConstruction Manager 1 �Conslruction Manager 2 �Construction Manager 3 �Construction Manager 4 �Conslruction Manager 5 �Construction Manager 6 �ConsUuction Representative 1 �Construction Representative 2 �ConsUuclion RepreseNative 3 �Construction Represeniative 4 �CAD Technician/Designer 1 �CAD Technician/Designer 2 ICAD Technician/Designer 3 YCorporale Pro�BCt SuppOft 1 �Corporale Pro�ect Support 2 �Corporale Project Support 3 I Inlern / CooP �Senior Adwsor Total Labor Subcontract Service I I � I Supplier Project No.� Proj. Invoice No.� Invoice date:l Period Service Date:From� Service Date:To� City Secretary Contract #: P.O. Number: Name Hours Rate j$/hrl o.o iaa.00� 0.0 179.00 0.0 202.00I OA 228.00� 0.0 266.00I 0.0 306.00� 0.0 129.00� 0.0 159.00 o.o t�2.00 0.0 212.00 0.0 254.00 0.0 291.00 0.0 117.00 0.0 129.00I 0.0 159.00� 0.0 172.00j 0.0 127.00 0.0 164.00 0.0 198.00 0.0 123.00 0.0 146.00 0.0 191.00 0.0 86.00 0.0 184.00� 0.0 Subcontractor Subtotal 10 Percent Markup on Subconlract Services Nonlabor Expenses � i I I Nonlabor Expense Subtotal Total Expenses (Subcontract Services+Markup+Nonlabor Expenses) Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 �o.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.00 $o.ao FT2XXXXX $0.00 $0.00 TOTAL DUE THIS INVOICE $0.00 ATTACHMENT "C" DEVELOPMENT SERVICES BRIDGEIRETAINING WALL PLAN REVIEW AMENDMENTS TO STANDARD AGREEMETN FOR ENGINEERING SERVICES None. Page 1 of 1 Attachment "C° Page 1 of 1 ATTACHMENT "E" DEVELOPMENT SERVICES BRIDGE/RETAINING WALL PLAN REVIEW LOCATION MAP This project is City-Wide. Individual project locations will be identified on a task order basis. Page 1 of 1 Attachment "E" Page 1 of t 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 generai aggregate limit, it shall apply separately to this Project or location. City shail be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbre�la 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 Requiremerits 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 consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroacc�ivve date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or c�aims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. City shall not be responsible for the direct payment of any insuranoe 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 �-�", ��� F�ORTWORTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Freese and Nicho(s, Inc. Subject of the Agreement: Bridge and retaining wall design review services for private development projects in the Development Services Department in an amount not to exceed $50,000. M&C Approved by the Council? * Yes ❑ No � If so, the M&C naust be attached to the cont�•nct. Is this an Amendment to an Existing contract? Yes ❑ No � If so, provide the original contj�act ntm�ber and the nmendmerrt rrarmbe��. Is the Contract "Permanent"? *Yes ❑ No � If unsure, see back pnge fo�� pe�•manent contrpCC ZISfIYlg. Is this entire contract Confidential? YYes ❑ No � If only specifrc info�-mation is Confrdential, please lisf ��hat info�mntior� is Confiderttial and the page it is located. Effective Date: If different fi•om the approval date. Expiration Date: January 2031 If applicable. Is a 1295 Form required? * Yes ❑ No � *If so, please enszn•e it is attached to the approving M&C or attached to the conh•act. Project Number: Ifappllcable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes m No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is ��eqa�ired and if the information is not p��ovided, the confrnct ��ill be �•etcn�ned to the de�artment.