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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 inn o fr FORT npd oa�oe � a ATTEST: AG.& .ae C¢xeca� d4p TEXPso'�' bR4auo� v 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 \LLI ) � L ) \ / § � \G _z _ 21 \(0 0 CL EL 0 0 Iz \ \ \ \ CL ) ) El j _ _ ) j § Im 'Cl \!\ ƒJ= 6 ® k))�)��\/ $-6.6 a0 3) ;ea\]a/zE ¥¥¥ u� ƒ ± g m » m@22; n co ) 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 FORT WORTH a1, °ro F1w". ATTACHMENT "E" PROJECT LOCATION MAP 3� Loughridge Lake Dam :a Watauga Saginaw z Haltom City Park I 128th St Hurst C f0," Fosdick WhiteLake Dam Settlement x Fort Worth_ --rnriawbrook r Lake Como Dam y Park HIII pa+Pit.Dr LutherW DetentionD1m}� Lake Dam Detentionti,�h Echo Lake Dam WillowCreek Lake Dam Greenbriar Ben -brook Dam Forest -Hill French " Lake Darn Lake Darn Locations Rendon SCUO 0"34 IIStIci Mlle rnwlr �e 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