HomeMy WebLinkAbout065741 - Construction-Related - Contract - Freese and Nichols, Inc.CSC No. 65741
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: Finalize Updates to Dams Emergency
Action Plan ("Project") — Project No. 103508.
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 $7,600.00 ("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.
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 OFFICIAL RECORD Finalize Updates to Dams Emergency Action Plan
Standard Agreement for Professional Services CITY SECRETARY CPN 103508
Revision Date: August 18, 2025
Page 1 of 9
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 or joint 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 KIND,
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, INCLUDING 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 INTENTIONAL MISCONDUCT OF CONSULTANT,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE CITY) 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 Finalize Updates to Dams Emergency Action Plan
Standard Agreement for Professional Services CPN 103508
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 Finalize Updates to Dams Emergency Action Plan
Standard Agreement for Professional Services CPN 103508
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 (1-9). Upon request by City, Consultant shall
provide City with copies of all 1-9 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 Finalize Updates to Dams Emergency Action Plan
Standard Agreement for Professional Services CPN 103508
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: Stephen Edwini-Bonsu, PhD., P.E.
City of Fort Worth, Texas Finalize Updates to Dams Emergency Action Plan
Standard Agreement for Professional Services CPN 103508
Revision Date: August 18, 2025
Page 5 of 9
Transportation and Public Works
100 Fort Worth Trail
Fort Worth, Texas 76102
Consultant:
Freese and Nichols, Inc.
Attn: Murphy H. Parks, P.E.
801 Cherry Street, Suite 2800
Fort Worth, Texas 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 Finalize Updates to Dams Emergency Action Plan
Standard Agreement for Professional Services CPN 103508
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.
Article XXI
City of Fort Worth, Texas Finalize Updates to Dams Emergency Action Plan
Standard Agreement for Professional Services CPN 103508
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
Jesica McEachern
Assistant City Manager
Date: 08/27/2026
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ATTEST:
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Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By: Lauren Prieur (Aug 24, 2026 12:44:49 CDT)
Lauren Prieur
Director, Transportation and Public
Works
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: August 18, 2025
Page 8 of 9
BY:
CONSULTANT
Freese and Nichols, Inc.
11'hA 'P�
Murphy H. Parks, P.E.
Principal & Vice -President
Date: 08/13/2026
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Finalize Updates to Dams Emergency Action Plan
CPN 103508
APPROVED AS TO FORM AND LEGALITY
M&C No.: N/A
war_
By: Douglas Black (Aug 25, 2026 09:54:24 CDT) 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 �
Stephen Edwini-Bonsu
Senior Professional Engineer, PhD., P.E.
City of Fort Worth, Texas Finalize Updates to Dams Emergency Action Plan
Standard Agreement for Professional Services CPN 103508
Revision Date: August 18, 2025
Page 9 of 9
FORT WORTH.
ATTACHMENT "A"
Scope for On -Call Professional Engineering Services Related to Dam Safety Projects
The scope set forth herein defines the work to be performed by the Engineer to complete
the project. Both the City and the Engineer have attempted to clearly define the work to be
performed and address the project's needs.
OBJECTIVE
The objective of this Task Order is to authorize and direct Engineer to proceed with the work
specified in this task order in accordance with the provisions of the Standard Agreement for
Engineering Related Professional Services (City Secretary Contract No. 103508) between
the parties hereto executed June 2026 (the "Agreement").
Table 1; Dams Summary
Name
Texas ID
Echo Lake Dam
TX04558
French Lake Dam
TX07106
Greenbriar Dam
TX09625
Loughridge Lake Dam
TX00786
Luther Lake Dam
TX00778
Willow Creek Lake Dam
TX04796
Park Hill Detention Dam
TX07572
Lake Como Dam
TX00777
Fosdic Lake Dam
TX04416
WORK TO BE PERFORMED
Work under this Task Order agreement includes updates to the emergency action plan
(EAP) following additional City comments received in December 2025, any additional
comments from the City, as well as bringing a new consultant up to date by providing the
latest data for the dams listed in Table 1.
FINALIZE UPDATES TO DAMS EMERGENCY ACTION PLAN
The Texas Commission on Environmental Quality (TCEQ) requires dam owners of high and
significant hazard dams to prepare and annually update an Emergency Action Plan (EAP) (30
TAC §299, Section 299.61). The EAPs for dams listed in Table 1 are currently organized
under cover of five separate documents. Engineer will complete the draft combined EAP
drafted in 2025 for dams listed in Table 1.
BASIC SERVICES
1. Engineer will perform internal project setup and coordination, including project kickoff
meetings, and maintaining project schedule. Engineer will provide monthly status
reports and invoices with backup documentation for the duration of the project.
City of Fort Worth, Texas Finalize Updates to Dams Emergency Action Plan
Attachment A CPN 103508
PMO Release Date: 07.23.2012
Page 1 of 2
FORT WORTH.
2. Engineer will review comments already received and make the appropriate changes
in the EAP. Engineer will follow up with City for any additional comments. Only two
additional sets of comments are anticipated for this scope, with one from the Park and
Recreation Department and one from another department such as the City Manager's
Office, Emergency Management, or Transportation and Public Works.
3. Engineer will furnish digital copies of the EAP for the City and TCEQ.
Deliverables
• Monthly status reports and invoices.
• The final EAP will be furnished in electronic (PDF) format to the City for
distribution to TCEQ and plan holders.
ADDITIONAL SERVICES
Additional services to be performed by Engineer, if authorized by the City, which are not
included in the above described basic services, are described as follows:
1. Site visits to visually observe dams.
2. Camera inspection of embankment or spillway conduits.
3. Preparing inspection reports suitable for submission to TCEQ.
4. Design for any dam modification, repair or rehabilitation.
5. Geotechnical investigations, studies, and reports.
6. New hydrologic and hydraulic (H&H) modeling or updates to existing inundation maps.
7. New hydrologic and hydraulic (H&H) modeling to update existing inundation maps for
Park Hill Detention Dam, Lake Como Dam, and Fosdic Lake Dam.
8. Providing updates to EAPs of dams not listed in Table 1.
9. Performing a table top exercise.
RESPONSIBILITIES OF THE CITY
1. Upon receipt of the EAP, the City is responsible for maintaining this document in a
manner that ensures it is securely stored, readily accessible, and known to
appropriate personnel, including during emergency conditions or incidents requiring
immediate reference.
COMPENSATION
Engineer will provide the above mentioned basic services for Task 1 for a not -to -exceed fee
of $7,600 as summarized in Exhibit B-1 — Level of Effort Spreadsheet (Task 1).
TIME OF COMPLETION
Engineer will begin updates to the EAP with comments received in December 2025 upon
notice to proceed, and will follow up with City departments that have not provided any
comments. The final EAP updates will be submitted to the City within three weeks of receipt
of any additional comments on the draft EAP updates.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 02.06.2015
Page 2 of 2
Page 2 of 2
Finalize Updates to Dams Emergency Action Plan
CPN 103508
ATTACHMENT B
COMPENSATION
Design Services for
Finalize Updates to Dams Emergency Action Plan
City Project No. 103508
Time and Materials with Rate Schedule Project
Compensation
A. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category
Year 1 Rate
($/hour)
Professional 1
143
Professional 2
175
Professional 3
199
Professional 4
226
Professional 5
265
Professional 6
306
Construction Manager 1
124
Construction Manager 2
155
Construction Manager3
168
Construction Manager 4
209
Construction Manager 5
252
Construction Manager 6
290
Construction Representative 1
111
Construction Representative 2
124
Construction Representative 3
155
Construction Representative 4
168
CAD Technician/Designer 1
122
CAD Technician/Designer 2
160
CAD Technician/Designer 3
195
Corporate Project Support 1
117
Corporate Project Support 2
141
Corporate Project Support 3
187
Intern / Coop
79
City of Fort Worth, Texas
Attachment B
Revised Date: 8/18/2025
Page 1 of 4
Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Finalize Updates to Dams Emergency Action Plan
CPN 103508
FM
ATTACHMENT B
COMPENSATION
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
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.
City of Fort Worth, Texas Finalize Updates to Dams Emergency Action Plan
Attachment B CPN 103508
Revised Date: 8/18/2025
Page 2 of 4
ATTACHMENT B
COMPENSATION
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department, monthly progress reports and
schedules in the format required by the City.
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Freese and Nichols, EAP Updates $7,600.00 100%
Inc.
Proposed Sub -Consultants
None $0.00 0%
TOTAL $7,600.00 100%
Project Number & Name
Total Fee
Sub Fee
Task Order No. 1
$7,600.00
$0.00
City of Fort Worth, Texas
Attachment B
Revised Date: 8/18/2025
Page 3 of 4
Finalize Updates to Dams Emergency Action Plan
CPN 103508
29
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
Finalize Updates to Dams Emergency Action Plan
CPN 103508
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Finalize Updates to Dams Emergency Action Plan
City Project No. 103508
No amendments proposed.
City of Fort Worth, Texas Finalize Updates to Dams Emergency Action Plan
Attachment C CPN 103508
PMO Release Date: 05.19.2010
Page I of I
FORT WORTH
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 Finalize Updates to Dams Emergency Action Plan
Attachment D CPN 103508
Revision Date: 07.20.2018
Page I of 2
Project Schedule
Project Phase
Anticipated Start
Anticipated
Duration
Anticipated
Completion
Project Kickoff and
Initial Coordination
6/5/26
7 calendar days
6/12/26
Reach out to flowchart
personnel for
comments
6/12/26
14 ce
days
y
6/26/26
Update EAP with final
City comments
6/26/26
1 month
7/17/26
Coordinate with City to
distribute EAP and
acquire signatures
7/17/26
1 month
8/7/26
City of Fort Worth, Texas Finalize Updates to Dams Emergency Action Plan
Attachment D CPN 103508
PMO Release Date: 02.15.2011
Page 2 of 2
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City of Fort Worth, Texas Finalize Updates to Dams Emergency Action Plan
Attachment E CPN 103508
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
are covered by the 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 umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21 Finalize Updates to Dams Emergency Action Plan
CPN 103508
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 exe cution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21 Finalize Updates to Dams Emergency Action Plan
CPN 103508
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self -insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first -dollar basis. City, at its sole
discretion, may consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims -
made basis, shall contain a retroactive date coincident with or prior to the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21 Finalize Updates to Dams Emergency Action Plan
CPN 103508
/
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2026-1497662
Freese and Nichols, Inc.
Corpus Christi, TX United States
Date Filed:
08/04/2026
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
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Prj No 103508
Provide services as requested for to the Finalize Updates to Dams Emergency Action Plan project
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Pence, Robert
Fort Worth, TX United States
X
Coltharp, Brian
Fort Worth, TX United States
X
Bennett, David
Denver, CO United States
X
Hatley, Tricia
Oklahoma City, OK United States
X
Brown, Jessica
Fort Worth, TX United States
X
Chambers, Robert
Fort Worth, TX United States
X
Stull, Cory
Houston, TX United States
X
Huxford , Brandon
Oklahoma City, OK United States
X
Weatherly, Richard
Pearland, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Lisa Boggs and my date of birth is
My address is 800 N. Shoreline Boulevard, Suite 160ON , 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 Nl1prps County, State of Texas —on the 4th day of August 20 26
(month) (year)
1 s-
ignature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.c188f668
FORT WORTH
Routing and Transmittal Slip
TPW Stormwater Management
DOCUMENT TITLE: Agreement for Dam Management Program
with Freese and Nicols, Inc.
M&C: N/A CPN 103508 CSO N/A DOC 1
Remarks: The contract is to update the Emergency Action Plan for FY26.
DEPARTMENT
INITIALS
DATE
1.Murphy Parks, FNI
Consultant- Signature
MP
MP
08/13/2026
2. Stephen Edwini-Bonsu, Sr. PE
Contract Compliance-
Signature
506
STEPHEN EOWINI-BONSI
08/13/2026
3. Stephen Nichols-SWM Prog Mgr.
TPW- Initial
08/24/2026
4. Jennifer M. Dyke, Asst. Dir
TPW- Initial
8/24/2026
5. Lauren Prieur, Dir.
TPW- Signature
08/24/2026
6. Doug Black
Legal- Signature
08/25/2026
7. Jesica McEachern
CMO- Signature
08/27/2026
8. Kathrina Cenicola
Approver
cc
08/28/2026
9. Jannette Goodall
CSO- Signature
08/28/2026
10. Allison Tidwell
Form Filler
.L�
09/01/2026
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
Action Required:
❑ As Requested
❑ For Your Information
X Signature/Routing and or Recording
❑ Comment
❑ File
NEXT DAY: ❑ Yes X No
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call Stephen Ediwini-Bonsu at ext. 6558 for pick up when completed. Thank you.
Return To: TPWContractskFortWorthTexas.gov at ext. 7233 or 8363, for pick up when
completed. Thank you!
Updated 12.07.2022, nzdlzzzz