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HomeMy WebLinkAbout064773 - Construction-Related - Contract - Freese and Nichols, Inc.CSC No. 64773 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 ("Consultant"), for a project generally described as: Floodplain Management Plan Update 2026 ("Project") — Project No. 106749. Article I Scope of Services (1) Consultant 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, consultants, or contractors, or prepared by Consultant, 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 Consultant shall be compensated an amount up to $95,000 ("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. Consultant 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 Consultant 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 OFFICIAL RECQRD GITY SECRETARIf Floodplain Management Plan Update 2026 CPN 106749 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 Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant 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 Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant 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 Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY K/ND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUD/NG DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR /NTENTIONAL MISCONDUCT OF CONSULTANT, 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 EXP/RATION OF THIS AGREEMENT. City of Fort Worth, Texas Floodplain Management Plan Update 2026 Standard Agreement for Professional Services CPN 106749 Revision Date: August 18, 2025 Page 2 of 9 Article VII Insurance Consultant 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 Consultant 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 Consultant, 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 Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant 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 Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant 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 Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Floodplain Management Plan Update 2026 Standard Agreement for Professional Services CPN 106749 Revision Date: August 18, 2025 Page 3 of 9 working hours 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 Consultant reasonable advance notice of intended audits. (2) Consultant 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 Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant 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 Consultant 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. Consultant 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 Consultant 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, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who perForms work under Agreement. Consultant 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 Consultant employee who is not legally eligible to perForm such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, City of Fort Worth, Texas Floodplain Management Plan Update 2026 Standard Agreement for Professional Services CPN 106749 Revision Date: August 18, 2025 Page 4 of 9 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. 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 Consultant 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 Consultant'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 shall 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 Attn: Lisa Biggs, PE, CFM City of Fort Worth, Texas Floodplain Management Plan Update 2026 Standard Agreement for Professional Services CPN 106749 Revision Date: August 18, 2025 Page 5 of 9 Transportation & Public Works Department, Stormwater Management Division 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Scott Hubley 801 Cherry St #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 Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Floodplain Management Plan Update 2026 Standard Agreement for Professional Services CPN 106749 Revision Date: August 18, 2025 Page 6 of 9 Article XIX Prohibition on Boycotting Energy Companies Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (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 Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (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. I_1'i�C�:�:/l City of Fort Worth, Texas Floodplain Management Plan Update 2026 Standard Agreement for Professional Services CPN 106749 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 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 BY: CONSULTANT Freese and Nichols, Inc. �=�������-� Jesica McEachern Assistant City Manager Date: 02/24/2026 p �o FORr°�9�$ ATTEST: °° �o �/� .J�$-mL' QOp � � d � a�Ilu qEXPgo'o" v Jannette Goodall City Secretary APPROVAL RECOMMENDED: �1°�,�� Lauren Prieur (Feb 16, 2026 14:0533 CST) Y� Lauren Prieur Director, Transportation Public Works Scott �(� (Feb 6, 2026 14:41:17 CST) Scott Hubley, PE, CFM Vice President/Principal �ate: 02/06/2026 C�l��[y/,l�:�x�%1:]�7 CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Floodplain Management Plan Update 2026 Standard Agreement for Professional Services CPN 106749 Revision Date: August 18, 2025 Page 8 of 9 APPROVED AS TO FORM AND LEGALITY ����� Douglas Black (Feb 19, 2026 00:18:37 CST) Y� M&C No.: N/A M&C Date: N/A Douglas W Black Sr. Assistant City Attorney 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. c��c.�,�,�{ Crr.+-�1 �.a,.�. Michael Crenshaw, PE, CFM Project Manager City of Fort Worth, Texas Floodplain Management Plan Update 2026 Standard Agreement for Professional Services CPN 106749 Revision Date: August 18, 2025 Page 9 of 9 ATTACHMENT "A" Scope of Services Citv of Fort Worth Floodplain Manaaement Plan Update 2026 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. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE This project consists of updating the current 2021 Floodplain Management Plan (FMP) for the CITY to maintain, with the goal of improving, the current Community Rating System (CRS) score of 7. The CITY began participating in FEMA's CRS program in 2012. The CRS program rewards communities who participate in the National Flood Insurance Program (NFIP) for regulating development above FEMA's minimum national standards. Currently, residents and property owners within the CITY receive a 15% discount on flood insurance premiums from the NFIP due to the City's CRS Class 7 rating. The FMP must update the background information and the recommendations at least every five years. The current, implemented FMP was updated in 2021. The 2026 FMP update will follow the Section 510 Floodplain Management Planning criteria from the NFIP CRS Coordinator's Manual (August 2025) to maximize, to the extent practical, the number of CRS points received for this activity. The FMP update shall follow the following steps: Step 1: Organize Step 2: Involve the public Step 3: Coordinate Step 4: Assess the hazard Step 5: Assess the problem Step 6: Set goals Step 7: Review possible activities Step 8: Draft an action plan Step 9: Adopt the plan Step 10: Implement, evaluate, revise WORK TO BE PERFORMED The ENGINEER may perForm, but is not limited to, the following tasks under this contract for a total fee of this contract. The overall estimated cost of the scope of work outlined below is $205,000.00. An initial jumpstart contract of $95,000.00 is being initiated to begin the tasks below due to time constraints to comply with FEMA's requirement that the FMP be updated and adopted by Council every 5 years to comply with the CRS program. An amendment will be brought to City Council for the remaining fee, with the overall fee and scope updated if needed, based on the work performed during the jump start contract. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 4 Task 1: Project Management and Communication • General project communication and coordination with the CITY. • Monthly status reporting and invoicing. • Up to four (4) meetings with the CITY, including one (1) kickoff meeting to discuss the project approach, planning committee, and project goals. These meetings are in addition to the planning committee and public meetings listed below (Tasks 2 and 3). Task 2: Develop a Planning Committee (Step 1 of the CRS FMP Checklist) • The CITY is responsible for developing a Planning Committee (also called a stakeholder group). It is assumed that the current Stormwater stakeholder committee members will be evaluated to ensure all required categories of stakeholders are accounted for as listed under section 5-10, Step 1(b) of the CRS Coordinator's Manual. If the current Stormwater stakeholder committee is not sufficient for the Planning Committee, a new committee will need to be formed for this task. • ENGINEER will meet with the Planning Committee three (3) times as follows: o Meeting #1 — kickoff planning process and discuss the FMP goals o Meeting #2 — discuss hazard assessment o Meeting #3 — discuss mitigation activities and action plan Task 3: Public Involvement (Step 2 of the CRS FMP Checklist) The CITY's Communications Department will lead overall public outreach and engagement for the FMP update. The ENGINEER will support this effort by developing the technical and informational materials required for public meetings and outreach, as described below. Public Involvement (PI) Plan • ENGINEER will update the Public Involvement (PI) Plan to meet the requirements of CRS Activity 510, including documentation of outreach methods, opportunities for public input, and integration of public comments into the planning process. • CITY will review and approve the updated PI Plan and will be responsible for its implementation. Public Meetings • CITY will lead the planning, coordination, and execution of up to two (2) public meetings during the FMP update: o The first meeting will be held at the beginning of the planning process. o The second meeting will be held towards the end of the planning process to discuss the draft, updated plan and to obtain public input. • ENGINEER will be responsible for preparing public meeting materials to support the CITY-led meetings. Materials will include: o Meeting agendas (Digital and printed) o Presentation Slides (Digital) City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 7 o Technical exhibits and maps illustrating flood hazards, risk areas, and relevant FMP elements. (Digital and printed) o No printed handouts other than the meeting agenda will be provided. • CITY responsibilities for public meetings include: o Advertising and public notification. - should we clarify this is electronically or will this be done in writing too? o Posting information on the CITY website and social media platforms. o Venue selection, scheduling, and logistical coordination (including room setup, audio/visual needs, and sign-in procedures). o Facilitation or moderation of the meetings. Public Outreach Support • ENGINEER will prepare technical content and graphics for use by the CITY in public outreach and advertising efforts, as requested, including content suitable for the CITY website or other outreach platforms. • CITY plans to include the FMP update at one (1) public bond meeting. ENGINEER will prepare technical content and graphics for use by the CITY for one (1) public bond meeting planned for 2026. It is assumed that ENGINEER will attend virtually or not attend. • CITY, through its Communications Department, will be responsible for all public advertising and outreach activities, including dissemination through a local newspaper, the CITY website, and social media channels. Documentation of Public Input • CITY will collect public comments received through meetings, online platforms, or other outreach mechanisms. • ENGINEER will assist the CITY in summarizing and documenting public input and will consider all feedback received and will incorporate relevant comments into the FMP update, as appropriate and consistent with CRS requirements. Task 4: Coordination and Data Collection (Step 3 of the CRS FMP Checklist) • ENGINEER will coordinate with nearby communities and agencies including the following: o ENGINEER will send emails to up to 20 nearby communities including Arlington, Azel, Benbrook, Burleson, Crowley, Euless, Grand Prairie, Haltom City, Hurst, Irving, Keller, Kennedale, Lake Worth, Richland Hills, Roanoke, Saginaw, Watauga, Westworth Village, White Settlement, and Tarrant County. o ENGINEER will send emails to the following agencies and organizations: TRWD, NCTCOG, TWDB, TDEM, FEMA Region VI, NWS, USACE, USGS, and NRCS. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 7 • ENGINEER will prepare a list of data needs from the CITY to prepare the FMP. After obtaining the data from the CITY, ENGINEER will review, organize, and compile the data. • ENGINEER will prepare a data request and submit it to the CITY within a week of the notice to proceed. CITY shall provide requested data within two weeks of sent data request. Task 5: Hazard Assessment (Steps 4 and 5 of the CRS FMP Checklist) • ENGINEER will update the flood hazard assessment with the following components: o A map of known flood hazards. ■ ENGINEER will prepare a GIS map using Special Flood Hazard Area (SFHA) layer, GIS drainage complaints, City Flood Risk Area (CFRA) layer, Potential High Water Area (PHWA), and repetitive loss area layer. o Description of known flood hazards. ■ ENGINEER will update the narrative description of flood hazards for City review and input. o A discussion of past floods. ■ ENGINEER will update the section on past floods as needed. o An assessment of less frequent flood events including: ■ Updating the inventory of dams (as needed) and the inventory of levees (as needed). ■ Map of hazard: sump maps on FIRM panels will be used for levees and existing dam breach reports will be used for dams. • CITY will provide ENGINEER with data relating to historical floods and known flood hazards, including existing plans and completed, ongoing, or planned studies for consideration in the FMP. • CITY will provide ENGINEER with the necessary, summarized data of flood insurance claims and damaged buildings. • CITY will provide ENGINEER with land use and zoning data. • ENGINEER will review all data received and include it in the updated hazard assessment. • ENGINEER will review and update the CITY's critical facilities list as needed based on data received from the CITY. The CITY will review and provide feedback. • ENGINEER will update impacts the flood hazard has on the City, including impacts to life, safety, health, and procedures for warning and evacuation. • ENGINEER will update the assessment of economic impacts of flood hazards including impact to critical facilities and infrastructure using the HAZUS software developed by FEMA. o HAZUS will also be used to determine affected buildings and their types due to flood hazards. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4 of 7 • ENGINEER will provide a summary of identified hazards and community impact based on data received from the CITY. Task 6: Develop a Mitigation Strategy and Action Plan (Steps 6, 7, and 8 of the CRS FMP Checklist) • ENGINEER will lead a 1-hour work session (in person) with CITY to review and determine if original plan's goals are appropriate given revisions based on Task 5. ENGINEER will work with CITY to update goals accordingly based on guidance listed in the CRS FMP Checklist Step 6. • ENGINEER will lead a 2-hour work session (in person) with CITY and planning committee to develop possible mitigation strategies and an action plan to reduce flood hazard impacts. • ENGINEER will lead a 2-hour work session (in person) with CITY to develop a prioritized action plan for activities from four of the six categories listed in the CRS FMP Checklist Step 7. ENGINEER will work with the CITY and planning committee to develop a prioritization system as well as finalize the action plan. Task 7: Complete Draft Floodplain Management Plan (Steps 8 and 10 of the CRS FMP Checklist) • ENGINEER will develop a maintenance and implementation plan for the FMP. ENGINEER will seek input from the planning committee and CITY staff on ways to implement the plan in current planning mechanisms. The implementation plan will include identification of items/actions that would only be able to be implemented if additional funding and/or staff resources are made available. o ENGINEER will lead two (2) one-hour meetings with the CITY related to the Stormwater Strategic Planning efforts. The first meeting will include an overview of the Strategic Planning efforts and how it relates to the CRS FMP update. The second meeting will include any additional required follow-up on how the Strategic Planning efforts align to the CRS FMP update. ENGINEER will update the FMP based on the CRS Coordinator's Manual Activity 510 10-step process. ENGINEER will seek input on the draft from the planning committee and will incorporate their input as appropriate. ENGINEER will provide an electronic copy of the draft plan to the CITY. The CITY will make the draft available for public and stakeholder review either on the City website or at City Hall. ENGINEER will review the plan to incorporate public and CITY comments, as appropriate. • ENGINEER will submit the draft to FEMA for review and comment. ENGINEER will address FEMA comments and obtain feedback from City staff as appropriate. ENGINEER will submit the second draft to FEMA. This contract assumes that FEMA will approve the second draft of the FMP. If FEMA requires additional revisions to the draft FMP, additional services will be required. Task 8: Plan Adoption (Step 9 of the CRS FMP Checklist) • ENGINEER will finalize the FMP upon receiving FEMA approval. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 7 • ENGINEER will assist the CITY presenting the final document to City Council for adoption at one (1) Council meeting. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 6 of 7 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Repetitive Loss Area Analysis (RLAA) • CITY will be responsible for providing ENGINEER with NFIP flood insurance claims, and other data to prevent Personal Identifiable Information (PII) from being shared with ENGINEER. • Additional meetings with the project team, public, planning committee, or other entities beyond those included in the above scope. • Hydraulic and/or hydrologic modeling to develop or assess new flood hazards. • Additional revisions to the draft plan beyond the revisions included in the scope above. • Assistance with other CRS activities. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 7 of 7 ATTACHMENT B COMPENSATION Design Services for Floodplain Management Plan Update 2026 City Project No. 106749 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 95,000 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. 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 Transportation and Public Works Department, Stormwater Management Division monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 1 of 3 � ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Prime Consultant Freese and Nichols, Inc. Primary Responsibility Planning, Engineering, and PM Proposed Sub-Consultants Fee Amount TOTAL $ 95,000 Project Number & Name Floodplain Management Plan Update 2026 City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 2 of 3 E� Total Fee 95,000 Sub Fee $ o % 100% 100% � 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. City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 3 of 3 � Professional Services Invoice ProjectManager: IJulianaAndrews Project: �Floodplain Management Plan (FMP) Update 2026 City Project #: � 106749 � City Sec Number: Company Name: �Freese and Nichols, Inc. Supplier's PM: Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Work Type 7 Work Type 8 Supplier Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within ProjecYs folder. David Rivera, PhD, PE, CFM QI71811: David.Rivera(a�freese.com Office Address: Telephone: 2i a-2 t �-22s3 Fax: Remit Address: FID and Work Type Description Projec[ Managemen[ and Communication Develop a Planning Committee Public Involvement Coordina[ion and Data Collec[ion Hazard Assessmen[ Develop a Mi[ip, a[ion Stra[eqy and Ac[ion Plan Comple[e Draft Floodplain Management Plan Plan Adoption Totals This Invoice Agreement LTD Agreement Amendment Amount to Completed Amount Amount Date Amount Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance Overall Percentage Spent: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Floodplain Management Plan Update 2026 City Project No. 106749 None City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 FORTWORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a"baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 FORTWORTH ATTACHMENT "E" PROJECT LOCATION Applicable to all Council Districts City of Fort Worth, Texas Attachment E Floodplain Management Plan Update 2026 Page 1 of 1 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 arecovered bythe commercial general liabilityorcommercial 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 Requiremerits 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 againstCity 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 ofcredit 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 Requiremerits Page 3 of 3 Rev. 5.04.21 �� CERTIFICATE OF INTERESTED PARTIES 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 FORM 1295 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2025-1403702 Date Filed: 12/29/2025 Date Acknowledged: g 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 Floodplain Management Plan (FMP) Update 2026 4 Pence, Robert Coltharp, Brian Bennett, David Brown, Jessica Chambers, Robert Hatley, Tricia Payne,Jeff Stull, Cory Reedy, Michael Name of Interested Party 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Pam Fordtran My address is 800 N. Shoreline Suite 1600N City, State, Country (place of business) Fort Worth, TX United States Fort Worth, TX United States Denver, CO United States Fort Worth, TX United States Fort Worth, TX United States Oklahoma City, OK United States Fort Worth, TX United States Houston, TX United States Houston, TX United States Nature ofinterest (check applicable) Controlling Intermediary X X X X X X X X X , and my date of birth is Corpus Christi TX 78401 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Nueces County, State of TeXaS , on the 29thaay of December20 25 (month) (year) �p��� t� n,�,,. � w/1'li ���/Lw/v Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.22701b2a FORT �VORTH Routing and Transmittal Slip TPW Stormwater Manaaement DOCUMENT TITLE: Floodplain Management Plan (FMP) 2026 Update Jump Start Contract M&C: NA CPN 106749 CSO DOC Remarks: This contract is a jump start contract ($95k) forthe Floodplain Management Plan (FMP) 5-year FEMA required update. An M&C amendmentwill followforthe full fee estimated to be �$205k. Work will begin via a jump start contract due to time constraints to comply with FEMA's requirementthatthe FMP be updated and adopted by Council every 5 years (targeted September 2026 Council adoption) to comply with the CRS program. DEPARTMENT 1.Scott Hubley, Freese and Nichols, skh (c�freese.com 2. Michael Crenshaw- SW, Contract Compliance Manager 2. Stephen Nichols-SWM Prog Mgr. 3. Jennifer M. Dyke, Asst. Dir 4. Lauren Prieur, Dir. 5. Doug Black 6. Jesica McEachern 7. Katherine Cenicola 8. Jannette Goodall 9. Allison Tidwell Contractor- Signature TPW- Signature TPW- Initial TPW- Initial TPW- Signature Legal- Signature CMO- Signature Approver CSO- Signature Form Filler INITIALS DATE s� 02/06/2026 s�� � �,�ns„aw 02/06/2026 „�, 02/16/2026 �u� � � E. �� cc �� �,, _,,,;., � 02/16/2026 02/16/2026 02/19/2026 02/24/2026 02/24/2026 02/24/2026 02/24/2026 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No NEXT DAY: ❑ Yes X No Action Required: ❑ As Requested ❑ Attach Signature, Initial and Notary Tabs ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File Return to: Please email Mike.Crenshaw(a�fortworthtexas.pov with any questions. Thank you. F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Freese and Nichols, Inc. Sub�eCt Of the Agreement: Floodplain Management Plan Update 2026 M&C Approved by the Council? * Yes ❑ No ❑■ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *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: 5 years from effective date If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑■ No ❑ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. 106749 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑■ 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 required and if the information is not provided, the contract will be returned to the department.