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HomeMy WebLinkAboutContract 56200 CSC No. 56200 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), fora PROJECT generally described as: Fort Worth Nature Center& Refuge Boardwalk Phase II. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $255,200.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date: City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services CITY SECRETARY Revised Date:July 01,2021 Page 1 of 14 FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 2 of 14 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 3 of 14 (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Business Equity Participation City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 4 of 14 City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation)and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 5 of 14 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 6 of 14 ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 7 of 14 (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 8 of 14 The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 9 of 14 (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, orfailure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 10 of 14 G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 11 of 14 to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 12 of 14 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: BY: CITY OF FORT WORTH ENGINEER Kimley-Horn and Associates, Inc. Valerie Washington(Aug 19,202116:06 CDT) � Valerie Washington Assistant City Manager Scott R. Arnold, P.E. Vice President Date: Aug 19,2021 Date: August 9, 2021 APPROVAL RECOMMENDED: By:Richard Za,, 'a(Aug 17 21'"15 CDT) Richard Zavala Director, Park & Recreation Department 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. Je,Izw� /1 Tonda Rice Project Manager, Park & Recreation Department APPROVED AS TO FORM AND LEGALITY Y' 'lack(Aug 19,2021 557 CDT) Douglas Black Assistant City Attorney J� City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 CITY SECRETARY Page 13 of 14 FT. WORTH, TX ATTEST: ��o��OR Form 1295 No. Yes ,a OF°F°°°0T 41' Ronald P. Gonzales FJ.. 0�d M&C No.: 21-0542 Acting City Secretary . o o=� d� °o0 000°4�� M&C Date: August 3, 2021 d 00 0000000 a SEX Asap OFFICIAL RECORD CITY SECRETARY City of Fort worth,Texas FT. WORTH, TX Standard Agreement for Engineering Related Design Services Revised Date:July 01,2021 Page 14 of 14 Attachment A Scope of Services PROJECT DESCRIPTION The Fort Worth Nature Center& Refuge is a 3,633 acre conservation park located in northwest Fort Worth. Phase 1 of the Boardwalk replacement was completed in 2016. This initial phase included installation of a 320 LF boardwalk(6 feet wide). The boardwalk was decked with ipe type wood and included a covered shelter at the boardwalk's terminus. The Phase 1 project included preparation of construction plans and specifications prepared by Paul Dennehy,AIA,for the full replacement of the boardwalk(including phase 2). These plans are included as Exhibit 1. The intent of this project is to utilize those plans in this phase. Phase 2 is funded in part through a $1.5M Texas Parks and Wildlife Department (TPWD) Urban Outdoor Recreation Grant. The purpose of this project is to prepare construction plans, specifications and cost opinion documents for park improvements funded through the TPWD grant(listed below), and incorporate the previously prepared boardwalk construction documents into a single bid set for project advertisement. Park improvements include: ■ Boardwalk expansion—Phase 2 (utilizing plans and technical specifications that were developed previously during phase 1) ■ Boardwalk parking lot area paving (resurfacing and striping existing gravel parking area and entry drive near the boardwalk). To include as an alternate selection in concrete. ■ Loop trail (an approximately 5,280 LF soft-surface loop trail with trailside amenities such as benches and trash receptacles) ■ Vault restroom facility (a single prefabricated unit, ADA accessible vault restroom near the parking lot area) ■ Native landscaping and shoreline restoration (in accordance with the Texas Parks and Wildlife grant agreement Basic services consist of the preparation of final design, construction documents, project manual and cost opinion documents. Project duration is anticipated to be approximately eight(8) months (245 Calendar days). Special Services shall be those services necessary to provide appropriate design guidelines for the design/construction documents. (i.e.;geotechnical reporting,topographic survey, review of environmental requirements, etc.)These are described in greater detail below. Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 1 of 10 BASIC SERVICES ENGINEER shall be responsible for providing the following basic services for the project. 1. Coordination/Management/Communication ENGINEER shall perform the following tasks: A) Attend one (1) project kick-off meeting (two-hour duration)with the CITY to review project scope, schedule, deliverables, status reporting, communications, and expectations for the project. B) Lead and manage the ENGINEER and sub-consultant design team throughout the project. C) Communicate regularly by phone and email with CITY staff. D) Provide to the CITY a one-page project status report on the last business day of each month throughout the project. E) Participate in meetings with CITY staff as noted specifically in each task described below. 2. Data Review/Site Visit/Base Map ENGINEER shall perform the following tasks: A) Gather and review available relevant project data provided by CITY and other sources. B) Visit the project site to observe and photographically document existing conditions as necessary for completion of the project. C) Prepare a project base map for the project utilizing sheet format provided by CITY, ENGINEER's special services survey data, relevant project data, and latest available aerial photographic imagery.The project base map shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size)format with black and white line work(and with full-color aerial photo background which can be turned on or off as requested by CITY). D) Attend one (1) meeting (two-hour duration) with the CITY to review project data, site photos, base map, and other information resulting from special services tasks prior to proceeding with preparation of schematic design documents. 3. 30% Design (Schematic Design) ENGINEER shall perform the following tasks: Prepare preliminary and final schematic design and cost opinion documents as described below for each of the anticipated Phase 2 improvements identified in PROJECT DESCRIPTION section. Design for all improvements shall follow current CITY design standards unless directed otherwise by CITY. Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 2 of 10 The ENGINEER's preliminary and final schematic design plans will consist of the following sheets: • Cover sheet • General notes sheet • Summary of quantities sheet • Plan sheets 0 overall site plan (with sheet references for items noted below) o tree protection fence layout o silt fence/erosion control feature layout o construction site temporary element layout(access, circulation, fencing, equipment and material storage, power and water connections, et.al.) o demolition locations o significant grading (1-foot contours) and drainage features o paving layout (parking, drives,trail/sidewalk connectors) o trail layout and boardwalk connection o composting restroom location o planting/revegetation area locations/limits The ENGINEER's preliminary and final schematic design plans shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size) format with black and white line work(and with full-color aerial photo background which can be turned on or off as requested by CITY). The ENGINEER's preliminary opinion of probable construction cost(OPCC)shall be based on the quantities indicated on the ENGINEER's plans and on unit prices current at the time of the cost opinion preparation. ENGINEER shall, at request of CITY, transmit to CITY electronic copies of ENGINEER work product components including but not limited to data, photos, images, text, designs, cost opinions, etc. for project-related use by CITY including but not limited to project budgeting, project coordination/communication, etc. A) Prepare preliminary schematic design and cost opinion documents described above. Plan and other documents shall be submitted in electronic pdf format. B) Attend one (1) meeting (two-hour duration)with the CITY to review preliminary schematic design and cost documents and obtain CITY input and guidance prior to proceeding with preparation of final schematic design documents. C) Prepare final schematic design and cost opinion documents incorporating input from CITY review. Plan and other documents shall be submitted in electronic pdf format. 4. 60%Construction Documents ENGINEER shall perform the following tasks: A) Prepare and submit 60%design/construction documents for all anticipated park improvements to the CITY for review.These documents shall incorporate CITY Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 3 of 10 comments and input from the previous review of project data and existing site conditions. B) The design/construction documents shall plan and instruct the installation of park improvements, as based on the approved Schematic Design plans. Park improvements will consist of the following elements. a. Site grading b. Storm water drainage structures (spill ways, piping, culverts, etc.) c. Vehicular pavement i. concrete parking areas ii. a geotechnical report will be required to determine appropriate vehicular pavement construction d. Pedestrian walks/trails i. concrete connecting walkways (parking lot, composting toilet facility and boardwalk) ii. soft surface walking trail e. Three (3) picnic tables, on concrete pads Note: All improvements will follow applicable CITY standards and details, unless directed otherwise. Park Facility Standards will be provided by the CITY.All other required standards will need to be researched, verified, and acquired separately. C) 60%design/construction documents will be required for: a. Design/construction plans b. Anticipated technical specifications (outline only) C. C PCC D) Attend a meeting with the CITY to discuss CITY review comments regarding the 60% submittal and obtain CITY input prior to ENGINEER's preparation of 90%construction documents. S. 90%Construction Documents ENGINEER shall perform the following tasks: A) Prepare and submit 90%design documents for the park improvements to the CITY for review, incorporating previous CITY review comments and input. B) 90%design/construction documents will be required for: a. Design/construction plans b. Anticipated technical specifications (approximated final copies) C. C PCC C) Attend a meeting with the CITY to discuss CITY review comments regarding the 90% submittal and obtain CITY input prior to ENGINEER's preparation of 100%final construction documents. 6. 100% Preliminary-Final Construction Documents ENGINEER shall perform the following tasks: Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 4 of 10 A) Prepare and submit 100% preliminary-final design documents for the park improvements to the CITY for review, incorporating previous CITY review comments and input. B) 100%preliminary-final design documents required, will consist of: a. Cover sheet (electronic format—template to be supplied by CITY) b. Design/construction plans c. Detailed opinion of probable costs d. Final technical specifications (considered ready for bidding documents) C) Incorporate any remaining comments and input from CITY regarding the 100% preliminary-final submittal prior to ENGINEER's submittal of final sealed and signed construction documents for bidding advertisement by CITY. D) Submit plans to a Texas Licensed Registered Accessibility Specialist (RAS)for review. 7. Sealed Construction Documents for Bidding ENGINEER shall perform the following tasks: A) Submit sealed and signed design documents for all anticipated Phase I improvements to CITY for bidding advertisement, incorporating previous CITY review comments and input.These improvements will consist of the elements from the previous task. B) Bidding design/construction documents will consist of the following: a. Sealed design/construction plans b. Seals Page for final technical specifications C. OPCC 8. Bid Phase Assistance ENGINEER shall perform the following tasks: A) Prepare and submit written responses to bidder requests for information (RFI's), through the CITY B) Attend pre-bid conference, in support of the CITY C) Assist the CITY with bid analysis, bid tabulation, and bid award recommendation 9. Construction Phase Assistance ENGINEER shall perform the following tasks: A) Attend the pre-construction conference, in support of the CITY B) Review product submittals and shop drawings C) Attend on-site construction coordination/status meetings as requested by CITY (minimum 1/month) during construction phase of project—for a total of 9 status meetings D) Participate in final walk-through and provide a punch list to the CITY at end of construction phase of project E) Observe the Site Inspection of project improvements to be completed the assigned Texas Licensed RAS. Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 5 of 10 SPECIAL SERVICES SPECIAL SERVICES 1. Topographic Survey ENGINEER shall perform the following tasks: A) Conduct a topographic survey of the project area as depicted in Exhibit 2. Survey will consist of 1-foot contours, location and identification of single-trunk trees with trunk diameter of 8 inches and greater within the boardwalk survey limits, location and identification of up to 30 trees (to be designated and flagged by ENGINEER) along the path of the surface trail, , location/identification of surface/overhead/subsurface features, utilities, and improvements. Datum shall be tied to a benchmark or datum designated by the CITY. ENGINEER shall provide the survey to CITY in both AutoCAD and PDF electronic format with both bearing the seal and signature of a Texas Registered Professional Land Surveyor. The following itemized surveying services are to be provided: 1. Establish horizontal and vertical control for the project.The horizontal control shall be tied to NAD83, North Central Zone 4202, utilizing a scale factor of 1.00012, a minimum of six(6) control points will be set.The vertical control shall be tied to City of Fort Worth vertical datum (unless directed otherwise by CITY); a minimum of two (2)temporary benchmarks shall be set for construction. 2. Tie all improvements X,Y&Z(including but not limited to paving,trails, walks, play equipment, storm drains, manholes, headwalls, lined swales/ditches, trees). Provide flowline elevations of all sanitary sewer, storm drainage inlets and manholes the cross the route. 3. Prepare a final design/topographic drawing in a digital format showing all features located in the field, one-foot interval contours and a TIN file. Deliverables shall also include a copy of the field notes, an ASCII coordinate file of all points located in the field and a hard copy of the coordinates. 2. Geotechnical Investigation ENGINEER shall perform the following tasks through the use of a subconsultant: A) Provide through the use of a subconsultant, a geotechnical investigation, analysis, up to three (3) site borings, and engineering as required for completion of the parking lot. Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 6 of 10 B) Provide an official geotechnical report to the CITY, stating all pertinent design requirements necessary for completion of park improvements. 3. Cultural Resource Survey ENGINEER shall perform the following tasks through the use of a subconsultant: A) Cultural Resource Survey for the project area in accordance with TPWD grant requirements. The proposed trail and parking lot are shown to be very close to a NRHP eligible prehistoric site 41TR113 (Jameson 2016).The site was documented in the early 1990s and contained numerous dateable features and stone tools as well as human remains. A Phase I Pedestrian Cultural Resource Survey for the proposed improvements at the project site,will be provided through the use of a subconsultant. The Phase I investigation will be completed in an effort to identify cultural resources in the project area and make recommendations about their significance with regard to eligibility for listing on the National Register of Historic Places (NRHP) and designation as a Texas State Antiquities Landmark(SAL). In the event that a recommendation for NRHP or SAL eligibility cannot be made for a site found during the Phase I survey, Phase II testing may be recommended and subsequently required by the THC, if the site cannot be avoided. This proposal does not include any Phase II testing or Phase III mitigation tasks. The following be provided as part of this scope: a. Fieldwork: The subconsultant field crew will survey the project area. Survey standards will meet the minimum requirements accepted by the THC(2020). If archaeological sites are found during the survey, ARC is required to record them. The following assumptions have been made in regards to the fieldwork associated with this task: i. The subconsultant will record up to one (1) archaeological site. ii. The trail will be no longer than 1.5 miles and the project area will be 5 acres or less. iii. The subconsultant has planned for 1 day of trenching within the floodplain. iv. The CITY will provide access to the site. v. If human remains are found, all activity in the vicinity of the remains will cease. Law enforcement officials,the ENGINEER and the CITY will be notified. b. Deliverables: The subconsultant will produce a technical report, prepared in an effort to meet the current and published standards adopted by the THC(Council of Texas Archeologists 2018) and present a review of the natural environment and cultural history of the project area, a research design and methodology, and the results of the field investigations, along with conclusions and recommendations. c. Curation: Records and collected artifacts must be curated in perpetuity with an approved curatorial facility, in order to fulfill requirements in the TAP. A CITY representative must sign the required curatorial paperwork. If any artifacts are collected on private land,they will be returned to the landowner at their request. d. Additional Services: The following have been excluded from the scope. i. Review of more than (1) archaeological site. Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 7 of 10 ii. Review of the site by an architectural historian. iii. Review of additional areas outside of the defined project area. 4. Environmental Services ENGINEER shall perform the following services with this task: A) Aquatic Resources Delineation and Preliminary Jurisdictional Analysis a. ENGINEER perform an Aquatic Resources Delineation in general accordance with the U.S.Army Corps of Engineers (USACE) 1987 Wetlands Delineation Manual and appropriate USACE Regional Supplement(Great Plains Region) as detailed below. i. ENGINEER will perform a desktop review by locating readily available resource documents which may include aerial photographs, historic topographic maps, soil surveys, U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps, National Hydrography Dataset (NHD), Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), historic aerial photographs, and other related data for a desktop review of site conditions. ii. ENGINEER will perform a site visit to evaluate the existence and locations of aquatic resources on the site generally following the USACE 1987 Wetlands Delineation Manual and the applicable USACE Regional Supplement. Completion of USACE wetland determination data forms will be completed if applicable. The ordinary high-water mark(OHWM) for streams will be identified in the field. Following the site visit, ENGINEER will prepare exhibits showing the boundaries (polygons) and acreage and/or linear footage (if applicable) of aquatic resources identified onsite during the site visit as collected utilizing a GPS with sub-meter accuracy. ENGINEER will provide the CITY with PDF and AutoCAD versions of the aquatic resources files in the correct coordinate system. iii. ENGINEER will prepare a report for the project documenting the results of the aquatic resources delineation performed onsite. The report will address the applicable regulatory framework, describe the assessment methodology, limitations and findings, provide site-specific conclusions and jurisdictional analysis of identified features, and provide recommendations pertaining to compliance with Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. The report will also include applicable maps/exhibits, site photographs, and data sheets/forms. If the CITY provides ENGINEER with a preliminary site plan, ENGINEER will overlay the site plan with the results of the aquatic resources delineation (aquatic features onsite)to evaluate potential USACE permitting implications. USACE permitting implications will be discussed with the CITY. iv. This Task does not include consultation with the USACE, including pursuit of a No Permit Requited letter, Approved Jurisdictional Determination (AJD), or Department of Army permit; however, Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 8 of 10 ENGINEER can assist with these services, if warranted by the CITY,for an additional fee. v. In the event the Environmental Protection Agency(EPA) and/or the USACE issue guidance concerning their jurisdiction. Changes that impact our strategy or scope will cause additional work and will be addressed as an additional service amendment to this agreement. Observations will be made under the applicable regulatory guidance at the time of the observations. B) USACE Nationwide Permit(NWP) a. ENGINEER will pursue a NWP verification for the proposed project. It should be known that an aquatic resources delineation has not yet been performed and a jurisdictional analysis has not been performed. Therefore, impacts to jurisdictional waters are unknown at this time; however,this task assumes that a NWP can authorize the proposed project. NWPs are generally less challenging to obtain than Individual Permits (IP), and generally do not require compensatory mitigation for unavoidable impacts to jurisdictional waters, if impacts are small enough (less than 0.1 acre and/or 300 linear feet of stream). NWPs generally allow for impacts to jurisdictional waters that do not exceed 0.5 acre in area or exceed 300 linear feet of jurisdictional stream bed, depending on which NWP the USACE determines is most applicable for the project. Given our understanding of the project, if USACE authorization is required, it is anticipated that a Pre-Construction Notification (PCN)will be required to be submitted to the USACE Fort Worth District for review and approval under NWP 14 for Linear Transportation Projects of NWP 42 for Recreational Facilities. ENGINEER will prepare a PCN package for the proposed project requiring the NWP authorization. Under this scenario, ENGINEER anticipates providing, at a minimum,the following information in the PCN document: i. Aquatic resources delineation report (As noted above) ii. Project description (input from CITY may be necessary); iii. Purpose and need (input from CITY may be necessary); iv. Plan, profile, and other CAD Drawings (input from CITY may be necessary); v. Threatened and endangered species information; and vi. Cultural resources information. b. Upon compilation of the PCN document, ENGINEER will submit to the CITY for review and minor comments. ENGINEER will make minor revisions based upon the CITY's review of the permit application. This option is based on the ability to receive authorization under the current NWP Program (2017-2022 for NWP 14 and 2021-2026 for NWP 42); however, receiving authorization from the USACE is not guaranteed. This option is based on the assumption that compensatory mitigation will not be required;therefore, compensatory mitigation evaluation and assistance including functional assessment is not included in this scope of work. This option does not include pursuing authorization under an IP. C) USACE Site Visit Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 9 of 10 a. ENGINEER will attend one site visit with the USACE project manager in an effort to evaluate the aquatic features onsite and potential impacts related to the proposed park improvements. Additional site visits are not included as part of this task. S. Boardwalk Design ENGINEER shall perform the following services with this task: A) ENGINEER will prepare new boardwalk plan sheets included the proposed phase 2 boardwalk expansion including and construction details for decking, rails, and supports. The limits of the Phase 2 boardwalk area will be limited to the extents of the boardwalk as illustrated by Alternate 1 and Alternate 2 in the existing plans, dated August 28, 2015. The new boardwalk plan sheets will be prepared by the ENGINEER and included in the final construction documents. B) The phase 2 boardwalk construction documents will consist of the following elements. a. Boardwalk Layout and Dimension Control Plan b. Boardwalk Elevations and Sections Plan c. Boardwalk Decking, Railing and Support Details CLARIFICATIONS AND EXCLUSIONS 1. Services and work products by ENGINEER beyond those specifically described above are not included in the project unless mutually agreed to by CITY and ENGINEER in writing prior to performance of such services. 2. CITY shall provide review,coordination,and submittals related to tree preservation ordinance requirements. Attachment A—Scope of Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 10 of 10 Attachment B Compensation The services described in Attachment A Scope of Services shall be provided for a total lump sum fee of$255,200. The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services described in Attachment A Scope of Services shall be invoiced to the CITY on a monthly basis, based upon percentage completed for each task. Below is a fee breakdown by task for the services described in Attachment A Scope of Services: BASIC SERVICES Task 1-Coordination/Management/Communication $18,900 Task 2—Data Review/Site Visit/Base Map $6,300 Task 3—30% Design (Schematic Design) $18,400 Task 4—60%Construction Documents $28,200 Task 5—90%Construction Documents $31,100 Task 6—100% Preliminary-Final Construction Documents $18,300 Task 7—Sealed Construction Documents for Bidding $4,300 Task 8—Bid Phase Assistance $5,000 Task 9—Construction Phase Assistance $26,000 TOTAL BASIC SERVUCES $156,500 SPECIAL SERVICES Task 10—Topographic Survey $25,300 Task 11—Geotechnical Investigation $6,400 Task 12—Cultural Resource Survey $23,600 Task 13—Environmental Services $18,400 Task 14—Boardwalk Construction Documents $25,000 TOTAL SPECIAL SERVICES $98,700 TOTAL PROJECT SERVICES $255,200 Compensation Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 1 of 1 Attachment C Amendments to Standard Agreement for Engineering Related Professional Services (No amendments are required.) Amendments to Standard Agreement for Engineering Related Professional Services Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 1 of 1 Attachment D Schedule The project is anticipated to be completed within eight (8) months (in about 245 calendar days). Several of the tasks noted below will be completed concurrently with other tasks, and design and bidding is anticipated to be completed within 245 calendar days. Shown below is the anticipated time duration breakdown by task: Task Duration Task 1—Coordination/Management/Communication 245 Days Task 2—Data Review/Site Visit/Base Map 30 Days Task 3—30% Design (Schematic Design) 30 Days Task 4—60%Construction Documents 45 Days Task 5—90%Construction Documents 60 Days Task 6—100% Preliminary-Final Construction Documents 45 Days Task 7—Sealed Construction Documents for Bidding 5 Days Task 8—Bid Phase Assistance 30 Days Task 9 -Construction Phase Assistance 300 Days Task 10—Topographic Survey 30 Days Task 11—Geotechnical Investigation 30 Days Task 12—Cultural Resource Survey 60 Days Task 13—Environmental Services 90 Days Schedule Fort Worth Nature Center&Refuge—Boardwalk Phase 2 Page 1 of 1 LocationAttachment E Project . . Project below. TM 122 Fort Worth Nature Center& } r tl� - ifl 4 Greer Island � ryy�'- 1 k�.-��,; _', Willow Island ti F . ,•-',.-.'~,• �, �;. - . *�` +� ,. ^. 5naka Island - ' 'l1 •_ �.:: }`. �. 1 -� Wand Island @2U21 Gaogle�,-.,r ,.■ �� +- . t�ake UVo rth Refuge 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. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general 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 c. Workers' Compensation— Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution.Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 DESCRIPTIONS (Continued from Page 1) date thereof, 30 days'written notice(except 10 days for nonpayment of premium)will be provided to the Certificate Holder.Waiver of Subrogation in favor of Additional Insured(s)where required by written contract&allowed by law. SAGITTA 26.3(2016/03) 2 of 2 #52773395/M2660308 M&C Review Official CITY COUNCIL AGENDA FORT '4'ORfll DATE: 8/3/2021 REFERENCE M&C 21- LOG NAME: 80FWNCR BOARDWALK PHII NO.: 0542 DONATION CODE: G TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: (CD 7) Authorize Execution of an Engineering Services Contract with Kimley-Horn and Associates, Inc. in the Amount of$255,200.00 for Engineering Related Professional Services for the Fort Worth Nature Center& Refuge Boardwalk Phase II Project, Authorize Acceptance of a Monetary Donation in the Amount of$300,000.00 from the Friends of the Fort Worth Nature Center& Refuge for the Boardwalk, Phase II Project, Adopt Appropriation Ordinance and Amend the Fiscal Year 2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an engineering related professional services contract with Kimley- Horn and Associates, Inc. in the amount of $255,200.000 for the Fort Worth Nature Center & Refuge Boardwalk Phase II project (City Project No. 102320 ) 2. Authorize the acceptance of a monetary donation in the amount of $300,000.00 from the Friends of the Fort Worth Nature Center & Refuge for the Boardwalk Phase II project (City Project No. 102320); 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Donations Capital Projects Fund, in the amount of $300,000.00, from available funds, for the purpose of funding the Boardwalk Phase II Project; and 4. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an engineering related professional services contract with Kimley-Horn and Associates, Inc. in the amount of$255,200.00 fee for the Fort Worth Nature Center & Refuge Boardwalk Phase II project. Kimley-Horn and Associates, Inc. will provide professional engineering design services which will include the boardwalk expansion, parking lot paving and resurfacing, a loop trail approximately 5,280 LF, composting restroom facility, native landscaping and shoreline restoration. This M&C also accepts a $300,000.00 monetary donation from the Friends of the Fort Worth Nature Center& Refuge, Inc. (FONC) and to appropriate the $300,000.00 into the Special Donation Capital Projects Fund for the purpose of matching a Texas Park & Wildlife Department (TPWD) grant for the Fort Worth Nature Center Boardwalk Phase II project (City Project No. 102320). On October 29, 2019, Council approved M&C 19-0269 which adopted Resolution 5142-10- 2019, authorizing the Park & Recreation Department (PARD) to apply for and accept, if awarded, a 2019 Urban Outdoor Recreation Grant from the TPWD in an amount up to $1,500,000.00 and to transfer the required City matching funds of up to $1,500,000.00. The grant, as awarded by TPWD, includes State participation in the amount of$1,500,000.00. This grant will provide funding for development of the FWNCR improvements. The FONC committed to raising additional matching funds for the Boardwalk project in the amount of$300,000.00. Facebook provided the entire $300,000.00, allowing the FONC to meet their http://apps.cfwnet.org/council_packet/mc review.asp?ID=29090&councildate=8/3/2021[8/4/2021 11:00:28 AM] M&C Review support obligation. Per the Facebook donation requirements, $100,000.00 of then donation will be expended on conservation measures, including interpretive signage, invasive species removal, native plantings, slope & shoreline, and restoration/protection. Also, other items such as the solar- powered restroom, permeable paving parking lot and soft-surface trail are utilizing low impact materials and design methods. The total Phase II project funding is as follows: Source Authority Fund Amount TPWD Grant M&C 19- Grants Capital Project State 0269 Fund $1 ,500,000.00 City Gas M&C 19- General Gas Lease Capital $1 ,000,000.00 Revenue 0269 Projects Fund FWNCR Gate M&C 19- Special Donations Capital Fees 0269 Projects Fund $100,000.00 PARD FY2019 FY2019 General Capital Projects PAYG CIP Fund $100,000.00 FONC This M&C Special Donations Capital $300,000.00 Donation Projects Fund Total Phase II Funding $3,000,000.00 Funding for this project was not included in the FY2021-2025 Capital Improvement Program due to the fact that donations are not anticipated and budgeted. This action will amend the 2021-2025 Capital Improvement Plan as approved in connection with Ordinance 24446-09-2020. M/WBE OFFICE - Kimely-Horn and Associates, Inc., is in compliance with the City's Business Equity Ordinance by committing to 11\% Business Equity participation on this project. The City's Business Equity goal on this project is 11\%. The FWNCR is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified project within the Special Donations Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the General Capital Projects, General Gas Lease Capital Projects, and the Special Donations Capital Projects Funds for the FW Nature Center- Boardwalk project to support the approval of the above recommendations and execution of the professional services contract. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project I Program I Activity ` Budget Reference# Amount ID ID I Year i (Chartfield 2) i FROM ntl� epartment Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=29090&councildate=8/3/2021[8/4/2021 11:00:28 AM] M&C Review Submitted for City Manager's Office by: Valerie Washington (6192) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) Kelli Pickard (5461) ATTACHMENTS 80FWNCR BOARDWALK PHII DONATION 30105 Rec3r.docx TPWD - FWNC - Location Map..pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=29090&councildate=8/3/2021[8/4/2021 11:00:28 AM]