HomeMy WebLinkAbout065461 - Construction-Related - Contract - Ecosystem Regeneration Artisans LLC65461
City Secretary Contract No. _
FORTWORTH.
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, and
Ecosystem Regeneration Artisans LLC, ("Vendor"), a Texas limited liability company, each individually
referred to as a "party" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A - Scope of Services;
3. Exhibit B - Payment Schedule; and
4. Exhibit C - Verification of Signature Authority Form.
Exhibits A, B and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
shall control.
1. Scope of Services. Recommend new trail routes, construct at least two miles of natural
surface (primitive dirt) trails, and install signs and trail markers at the Tandy Hills/Stratford/Broadcast Hill
Natural Area. Exhibit "A," - Scope of Services more specifically describes the services to be provided
hereunder.
2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below
("Effective Date") and shall expire upon the date of final acceptance by the City DeeembeF 34724M
("Expiration Date"), unless terminated earlier in accordance with this Agreement cInitial-Teter'-'). Gify
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3. Compensation. City shall pay Vendor an amount not to exceed One Hundred Forty -
Nine Thousand, Nine Hundred Ninety -Four Dollars and 00/100 ($149,994.00) in accordance with the
provisions of this Agreement and Exhibit "B," Payment Schedule, which is attached hereto and
incorporated herein for all purposes. Vendor shall not perform any additional services for the City not
specified by this Agreement unless the City requests and approves in writing the additional costs for such
services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing. City agrees to pay all invoices of Vendor within thirty
(30) days of receipt of such invoice.
OFFICIAL RECORD
CITY SECRETARY
Vendor Services Agreement FT. WORTH, TX Page
Ecosystem Regeneration Artisans LLC
65461
City Secretary Contract No.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has
made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City ("City Information") as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
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6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during
normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section. City shall give
Vendor reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City shall in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents,
servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City.
Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subVendor.
Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS
OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
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Vendor shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action, with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$$1,000,000 - Each Occurrence
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$$2,000,000 - Aggregate
(b) Automobile Liability:
$$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed.
Employers' liability
$$100,000 - Bodily Injury by accident; each accident/occurrence
$$100,000 - Bodily Injury by disease; each employee
$$500,000 - Bodily Injury by disease; policy limit
(d)
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
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(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Allison Docker
100 Fort Worth Trail
Fort Worth, TX 76102
Office: (817) 392-2281
Allison.docker@fortworthtexas.gov
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Ecosystem Regeneration Artisans LLC
Shannon Brown
Owner
326 NLBJ Dr. Suite 168
San Marcos, TX 78666
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14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor 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
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
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.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Force Maieure. City and Vendor 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, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the
entire understanding and agreement between City and Vendor, their assigns and successors in interest, as
to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared
null and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
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counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor shall either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immiaration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all 1-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor 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 Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
28. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit "C." Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
29. ChanEe in Company Name or Ownership. Vendor shall notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
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specified documentation so may adversely impact future invoice payments.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, 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" has the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the Agreement.
31. Prohibition on Boycotting Energy Companies. Vendor 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 that is to 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
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 that
is to 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 Vendor 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the
City that Vendor: (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.
33. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
(signature page follows)
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ACCEPTED AND AGREED:
City:
Yana &�lrgG��lo
By: Dana Burghdoff (Ju 30, 202 ff14 3105 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: 06/30/2026
City Secretary Contract No 546
Vendor:
Ecosystem en ration Ar ' n LLC
By:
Name: Shannon Brown
Title: Founder
Date: 6.2) 7/Z0Z4
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
.A�e� T ec�eaz
By:
Name: Allison Docker
Title: Green Space Initiatives Manager
Approved as to Form and Legality:
By: Douglas Black (Jun 30, 2026 10:54:57 CDT)
Name: Douglas W. Black
Title: Sr. Assistant City Attorney
Contract Authorization:
M&C: 25-0558
Form 1295:2025-1312262
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.
By:
Name: Michelle Villafranca
Title: Park Planner
on
City Secretary: 41X' Uq
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By:
Name
Title:
Jannette Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Ecosystem Regeneration Artisans LLC
EXHIBIT A
SCOPE OF SERVICES
Vendor Services Agreement — Exhibit A Page 11 of 13
EXHIBIT A: SCOPE OF SERVICES
RECOMMEND TRAIL ROUTES & PREPARE TRAIL MAP
The Contractor will evaluate the Site to develop a recommendation for new trail routes and
construct at least two miles of trails, with the goal of connecting the new entrance at
Broadcast Hill to existing trails at Tandy Hills and Stratford Park. The existing trails at Tandy
Hills Nature Area are unpaved, primitive surface (dirt) trails with no bed material, aggregate,
or lining (see photos below). This is the type of trail that will be constructed under this
project.
FINISHED TRAILS ATTANDY HILLS NATURE AREA
The recommended new trail routes should consider sensitive habitat, significant trees,
slope grade, erosion, pedestrian safety, water courses, and trail difficulty level. City staff
will provide information on areas with sensitive habitat to be avoided. As part of the Site
evaluation, identify user -created trails within the line of sight of the new trail system to
either be incorporated into the new trail routes or closed and rehabilitated.
The Contractor should be mindful of the diagram of a typical hiking trail cross-section
below when developing new trail routes. It is best to avoid steep slopes, cutting trails in
close proximity to significant trees (6 inch dbh or greater), and crossing sensitive habitat.
Stream crossings should also be limited and minimized. At least part of the new trails near
the entrance to Broadcast Hill should be flat enough to accommodate people with limited
mobility.
CROSS SECTION OF TYPICAL HIKING TRAIL
Once the Contractor has developed a recommendation for the proposed new trail routes,
they will provide a map of the recommended trail routes to City staff. This map is not
required to be sealed and stamped by an engineer or architect licensed in Texas. A hand -
drawn map or output from a GPS unit will suffice. Include user -created trails on the map
within the line of sight of the new trail routes and identify which trails should be
incorporated and improved, or closed and rehabilitated. Provide City staff with a
recommended process for closure and rehabilitation of these trails.
The map should delineate significant features such as water crossings and any locations
where a trail crosses sensitive habitat or is located near a significant tree. If there are trail
routes that pass through sensitive areas or near significant trees, the Contractor will
provide information on the methods they will use to avoid or minimize harm to these
habitats and/or trees.
The Contractor will flag the proposed trail routes and meet City staff at the site to perform a
walkthrough to better evaluate them. City staff may request adjustments to the proposed
trail routes prior to approval.
Once City staff approve of the new trait routes, the Contractor will submit a digital map file
of the approved routes in one of the following formats: GIS shapefile, Google kml file, or
direct upload into the City's ArcGIS Field Maps Natural Resource Management
Geodatabase (preferred). This digital map will be reviewed for accuracy by City staff prior to
trail construction. If the Contractor determines that a change to the proposed trail route is
needed after trait construction begins, the change must be submitted in writing to City Staff
and approved before work may proceed.
Upon completion of trail construction, the Contractor will provide a map of the entire trail
system, including both new and existing trails, and label all trails with difficulty levels and
accessibility factors. This should be a digital map in one of the following formats: GIS
shapefile, Google kml file, or direct upload into the City's ArcGIS Field Maps Natural
Resource Management Geodatabase (preferred).
SITE PROTECTION
Tandy Hills Natural Area is a protected natural area containing hundreds of native plant and
animal species. To ensure the protection of this rare native landscape, certain construction
activities are not allowed. No heavy equipment, such as bulldozers, are to be used in trail
construction. Small equipment like ATVs and skid steers may be used in trail construction
along the designated trail route, but use should be minimized and restricted only to a
narrow path where the trail is being constructed. Staging on the Site is allowed but the
location must be approved in advance by City staff.
All plants, animals, and natural objects are protected outside of designated construction
zone. Significant plants will not be specifically flagged by City staff, but sensitive areas will
be identified prior to construction. The Contractor must ensure their employees are
following the trail routes to get to their job sites. Cutting across the Site is prohibited.
TRAIL CONSTRUCTION DEFINITIONS
• Berm: The ridge of material formed on the outer edge of the trail that projects higher
than the tread.
• Borrow: Suitable materials taken from approved sources designated on the plans or
on the ground, to be used for embankments and backfilling.
• Clearing Limit: The area over and beside the trail that is cleared of trees, limbs, and
other obstructions.
• Compacted: Consolidation that is obtained by tamping or rolling suitable material
until no noticeable displacement of material is observed.
• Duff: Organic material overlying rock or mineral soil.
• Embankment: A structure of suitable material placed on the prepared ground
surface and constructed to the trailbed elevation.
• Excess Excavation: Material in the trailway in excess of that needed for
construction of designed trailways.
• Ford: A water -level stream crossing constructed to provide a level surface for safe
pedestrian passage.
• Grade: The vertical distance of ascent or descent of the trail expressed as a
percentage of the horizontal distance.
• Grade reversal: A short rise in the trail, as it traverses a slope, that forces any water
on the trail to drain off to the side. Grade reversals diminish sheet flow on trail.
• Hazard Tree: An unstable tree that is likely to fall across the trail.
• Header Rock: Rock laid with the narrow end towards the face of the wall.
• Inslope: Where the trails tread is sloped downward toward the backslope.
• Outslope: Where the trail tread is sloped downward toward the embankment or
daylight side of the trailway.
• Retaining Wall: Constructed of rock; used to reinforce tread, backslope, rough
terrain, or turns.
• Retainers: Embedded border of wood or rock used to retain fill and/or surface
material.
• Sideslope: The natural slope of the ground, usually expressed as a percentage.
• Suitable Material: Rock that can be accommodated in the trail structure, and soil
free of duff with a recognizable granular texture.
• Trailbed: The finished surface on which base course or surfacing maybe
constructed. For trails without surfacing the trailbed is the tread.
• Trailway: The portion of the trail within the limits of the excavation and
embankment.
• User -Created Trails: Social trails created by users traversing along unsustainable
grades.
• Waterbar: A structure used for turning water off the trail, usually made of logs or
stones.
• Water Course: Any natural or constructed channel where water naturally flows or
will collect and flow during spring runoff, rainstorms, etc.
TRAIL CONSTRUCTION PROCESS
Conserve and use all suitable material for specified work. Conserve excess excavated rock
suitable for specified project work. Place excess and unsuitable excavation beyond the
downslope edge of the trailbed. Do not obstruct drainage and spread to a depth not
exceeding 4 inches. This includes any material removed in the grubbing operation and
deposited in the same area.
The Contractor shall procure and/or provide all equipment necessary for trail construction.
All trails shall be primitive natural surface trails (e.g. dirt and gravel) made with material
from Site. If the Contractor determines that outside material is necessary for construction,
they must get prior approval from City staff. When crossing meadows and on turnpike
sections, provide a sufficient depth of borrow material to produce a crowned trailbed.
Compact all material placed.
Trails should follow the Half Rule whereby a trait's grade shouldn't exceed half the grade of
the hillside that the trail traverses. Overall, the average trail grade should be 10 percent or
less.
Remove any rock within or above the backslopes that is unstable. Fill holes with suitable
material, compact, and cut high points to provide a uniform trailbed finish. Leave the
finished slope in a uniform and roughened condition; with altered site material left in a
natural appearance.
Shape and grade borrow areas to make them stable and to minimize future erosion. Provide
free -draining borrow sites and backslopes no steeper than 11/3:1.On sideslopes where
water can drain away from the trailbed, provide a sufficient depth of borrow material to
obtain the outslope. Outslopes should be no greater than 5 percent and water should shed
on the downhill side of the tread.
Construct embankments with suitable compacted material borrowed from site. Compact
all disturbed soil within the trailbed area. Construct ditches to be free of loose rocks, roots,
sticks, and other obstructions. Minor deviations of t 12 inches in vertical alignment and 36
inches in horizontal alignment with smooth transitions of at least 30 feet on each side of
the deviation are acceptable.
Dispose of debris (not trash) resulting from trail development by scattering, unless
otherwise specified. Do not scatter debris within the clearing limits of trails or within
roadsides. All trash produced during construction must be removed from the Site and
disposed of appropriately.
City staff will periodically inspect work at the Site while construction is in progress to
ensure that there is no damage to trees in the construction area as a direct result of
construction activities. Staff will also inspect the trails to ensure they follow the approved
routes and are constructed to the standards set in this scope of services.
Brush, Shrub, and Tree Removal
Remove all brush, shrubs, trees less than 6 inches in diameter, and debris from within
trailway limits. Cut and remove from the clearing limits all woody plants exceeding 1/2 inch
in stem diameter or 12 inches in height. The maximum size material to be cut under this
specification is 4 inches in diameter when measured at a height of 6 inches above the
ground on the uphill side of the stump.
Cut all brush and small, woody plants as near flush to the ground surface as possible.
When impractical to cut plants flush, the maximum stem length shall be 2 inches. Remove
all woody material for a minimum of 3 inches below the trail tread surface.
Remove all limbs of shrubs and trees that extend across or into the clearing limits. Saw or
cut limbs flush with the tree trunk. Make cuts in a manner that will not tear or strip bark
from the trees.
Do not obstruct drainage or create piles, berms, or windrows of debris. Place excess and
unsuitable excavation beyond the downslope edge of the trailbed and/or use material to
obscure and rehab retired trailbed. Do not obstruct drainage and spread to a depth not
exceeding 4 inches. This includes any material removed in the grubbing operation and
deposited in the same area.
Fill holes in the trail caused by removing woody material with suitable material. Scatter the
clearing debris removed from the clearing limits outside and below the clearing limits. Do
not place materials in stream channels, drainage ways, ditches, culvert inlets, or other
locations where they would prevent the free flow of water away from the trailbed.
Log Removal
Cut and remove all logs that extend across or into the clearing limits. The portions of cut
logs that remain on the upper side of the trail shall be either firmly anchored to prevent
sliding or rolling onto the trailway or moved across the trail to the lower side and scattered
outside the clearing limits.
Tree Root Removal
Remove exposed tree roots on or in the trail tread that are greater than 1 inch in diameter.
Cut embedded roots that project more than 2 inches above the trail tread flush with the
trail tread. Scatter removed roots on the lower side of the trailway beyond the clearing
Limits and outside of water courses. Fill holes caused by root removal with suitable
material and compact to form a smooth trail tread.
Hazard Tree Removal
Remove trees and snags that are broken off or that are in a leaning, unstable position over
the trailway to designated areas. Cut designated hazard trees so that stump heights do not
exceed 12 inches as measured on the uphill side of the stump. Maximum stump height of
designated trees within 4 feet of the trail centerline is 4 inches. Do not leave felled trees
parallel with the trail unless there are sufficient barriers to keep them from rolling or sliding
onto the trail. Lop limbs to reduce slash concentration and scatter the clearing debris
outside and below the clearing limits. If the trunk or a portion thereof, falls within the
trailway, remove that portion within 4 feet of either side of the trail centerline and scatter a
minimum distance of 4 feet beyond and below the trail centerline.
Rock Removal
Remove loose rocks that are larger than 2 inches at their greatest dimension from the
trailbed. Remove any loose rock in drainage dips or ditches that may impede water flow off
the trail. Loose rocks are rocks that are not firmly embedded in the trail and can be
removed by hand. Where the trailbed consists predominantly of rock with little or no soil
present, remove all loose rock larger than 3 inches.
Fill any holes remaining from rock removal with suitable material and compact. If the rock
removed is not needed for other items of maintenance work, scatter the rock by side -
casting to the lower side of trailway beyond the clearing limits, and distribute rock to
ensure that no blockage of drainage or creation of a windrow occurs. Do not dispose of
waste materials in water courses.
Check Dams
When constructing check dams for gullies use sound peeled logs or a row of stones placed
across the gully in the subgrade with the ends securely embedded in the banks. Use
suitable material for backfill. Place and compact backfill to meet the density of the existing
trailbed and to form a smooth tread.
Fords
When direct water crossing is not feasible, a ford (natural rock bottom) crossing may be
constructed to reinforce trailbed passing across a stream or drainage. Rock may be
collected from adjacent area, but in a manner to leave area appearing undisturbed.
Grade Reversals
Grade reversals diminish sheet flow on trail. Construct as needed based upon topography.
Generally, grade reversals should occur every 20 to 50 feet in topography.
Retaining Walls
If a retaining wall is necessary, construct from local rocks on -site. Do not denude an area of
rock. Inslope the foundation and lay rocks in a manner so that they do not move. Span gap
of lower layer and fill voids with angular rubble. The wall should lean into the slope and
have an inward tilt of 1 foot for every 4 feet of height. Backfill with available soil at ite.
Waterbars
Waterbars are diagonal channels across a path surface that divert surface water runoff
away from the road or path into a protected drain way. Install waterbars in moderation and
only as needed. Waterbars should be constructed with materials (clay soil, rock) locally
available onsite. Outfall on the downslope of trail tread should be armored with rock.
USER CREATED TRAIL CLOSURES
The Contractor will close user -created trails that will not be incorporated into the new trail
system that are within the line of sight of the new trails. To close the user -created trails, the
Contractor will place a temporary sign at the user created trail telling visitors not to use the
trail and it is being closed to protect the Site habitat. City staff will provide language for the
sign. These can be small, corrugated plastic signs similar to real estate signs.
SIGN DESIGN & INSTALLATION
The Contractor will provide and install entrance kiosks at the three Site entrances
designated in the Site Map. The kiosk frames must be of durable, metal construction, such
as powder -coated steel or aluminum. Kiosks must display the high -resolution trail map
graphic, ordinance sign (text will provided by the City), and have an additional 1-2 display
areas. The display areas must allow for the easily exchanging signs and display material.
This could be a case with a lock or a "drop -in" mechanism. The frames and display areas
should have a graffiti -resistant coating.
Kiosks must be approved by City staff before ordering and installation. Standard sign
frames that can be purchased for other sites in the future are preferred, as this helps the
City maintain a cohesive look throughout parks and natural areas. The kiosks should be
installed on concrete footers per manufacturer's specifications. They should be mounted
at an accessible level for those using mobility devices. Examples are provided below. These
are for informational purposes only. It is not required that these exact models be used.
EXAMPLE KIOSKS
TRAIL MARKERS
The Contractor will provide and install Carsonite (or a similarly durable material) trail
marker posts at trail heads and at regular intervals along the trails. Trail markers on these
posts should include the trail logo, needed wayfinding arrows, accessibility information,
hiker logo, no horse logo, no bike logo, no motorcycle logo, and no ATV logo. Tail markers
and logos must be approved by City staff prior to installation. Trail markers should be
installed per the manufacturer's specifications.
Examples are provided below. These are for informational purposes only. It is not required
that these exact models be used.
IkL
EXHIBIT B
PRICE SCHEDULE
Vendor Services Agreement — Exhibit B Page 12 of 13
EXHIBIT B: PAYMENT SCHEDULE
OPEN SPACE NATURAL SURFACE TRAIL CONSTRUCTION &
SIGNAGE
Project Budget:
Planning:
Phase 1:
Digital Site Analysis
Total
4300
Service/ Product
Price
Watershed Analysis
1190
Preliminary Trail Mapping
2355
Slope Analysis
595
Digital Meeting
160
Phase 2:
Onsite Inventory
Total
36449
Service/ Product
Price
Site Visit including time with city staff (Full Day)
6784
Tree & Trail Survey
25135
Ground Truthing with the Community
4530
Phase 3:
Design
Total
14920
Service/ Product
Price
Trail Design with Map and Video
3495
Digital Meeting
160
Trail Layout (Onsite)
8145
Sign Graphic Design
975
Trail Logos
2145
Project Budget (continued)
Construction:
Phase 4:
Trail Construction
Total
62800
Service/ Product
Price
Equipment
16380
Labor
31420
Contingency
15000
Phase 5:
Sign Installation
Total
31525
Service/ Product
Price
Kiosks (3)
28125
Trail Ma" rkers (10)
900
Installation
2500
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Ecosystem Regeneration Artisans LLC
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
Name:—5kge7,1on [3rown
Position: ®U'✓�P� -
ignature
Name:
Position:
Signature
Name:
Position:
Signature
Name:
S' ature of eside
Other Title: t`'w.wrT
Date: Ch 7 4
Vendor Services Agreement — Exhibit C Page 13 of 13
COMMERCIAL GENERAL LIABILITY
CL CG 01 14 09 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
(ADDITIONAL INSURED)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Paragraph (v) is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other
Insurance of Section IV — Commercial General Liability Conditions, as follows:
(1) This insurance is excess over:
(a) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(v) That is available to any person or organization who has been added as an additional insured to this
policy by endorsement.
However, with respect to an additional insured added by endorsement for liability caused, in whole or in
part:
1. By your acts or omissions, or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations; or
(b) In connection with your premises;
2. By your maintenance, operation or use of equipment leased to you by such person or organization;
or
3. By "your work" performed for that additional insured and included in the "products -completed
operations hazard";
this insurance shall be primary to and will not seek contribution from the additional insured's own
insurance if you and such additional insured have agreed prior to loss in a written contract or written
agreement, in effect during this policy period, that this insurance be primary and noncontributory as
respects liability described in Subparagraph (1)(a)(v)1., (1)(a)(v)2. or (1)(a)(v)3. above. However, this
insurance, in all cases, is excess over any other liability insurance available to the additional insured to
which such person or organization has been added as an additional insured.
CL CG 01 14 09 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1
with its permission
COMMERCIAL GENERAL LIABILITY
CL CG 04 92 10 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY ULTRA PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGE EXTENSIONS
Provision
Name Of Coverage Extension
Included or Limit of
Insurance
A.
Miscellaneous Additional Insureds
Included
B.
Expected Or Intended Injury Or Damage
Included
C.
Knowledge Of Occurrence
Included
D.
Legal Liability— Damage To Premises Rented To You (Fire, Lightning,
Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems)
$300,000
E.
Medical Payments
See Declarations
F.
Mobile Equipment Redefined
Included
G.
Newly Formed Or Acquired Organization, Partnership Or Limited Liability
Company And Extended Period Of Coverage
Included
H.
Who Is An Insured — Amendment
Included
I.
Non -Owned Watercraft (Increased to maximum length of less than 51
feet)
Included
J.
Supplementary Payments — Increased Limits
1. Bail Bonds
2. Loss Of Earnings
$ 3,000
$ 1,000
K.
Unintentional Omission Or Unintentional Error In Disclosure
Included
L.
Waiver Of Transfer Of Rights Of Recovery Against Others
Included
M.
Liberalization Clause
Included
N.
Incidental Medical Malpractice
Included
The above is a summary only. Please consult the specific provisions that follow for complete information on the
extensions provided.
The provisions of the Commercial General Liability
Coverage Part apply except as otherwise provided in
this endorsement. This endorsement applies only if
such Coverage Part is included in this policy.
A. MISCELLANEOUS ADDITIONAL INSUREDS
in writing in a contract or agreement that such
person or organization be added as an
additional insured on your policy, provided
that:
a. The written contract or written agreement
is:
1. Section II — Who Is An Insured is amended (1) Currently in effect or becoming
to include as an insured any person or
organization (referred to as an additional effective during the term of this policy;
and
insured below) described in Paragraphs
A.1.c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the
and such person or organization have agreed additional insured prior to the "bodily
CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8
with its permission
injury", "property damage" or
(1.1) The preparing, approving,
"personal and advertising injury".
or failing to prepare or
b. The insurance afforded by this provision
approve, maps, shop
does not apply to any person or
drawings, opinions, reports,
organization included as an additional
surveys, field orders,
change orders or drawings
insured by a separate endorsement
and specifications; or
issued by us and made a part of this policy
or coverage part.
(1.2) Supervisory, inspection,
c. Only the following persons or
architectural or engineering
organizations are additional insureds
activities.
under this provision, with coverage for
This exclusion applies even if the
such additional insureds limited as
claims against any insured allege
provided herein:
negligence or other wrongdoing in the
(1) Persons or Organizations For
supervision, hiring, employment,
Whom Operations Are Performed
training or monitoring of others by that
"occurrence"
insured, if the which
(a) Any person or organization for
caused the "bodily injury" or "property
whom you are performing
damage", or the offense which
operations when you and such
caused the "personal and advertising
person or organization have
injury", involved the rendering of, or
agreed in writing in a contract or
the failure to render, any professional
agreement that such person or
architectural, engineering or
organization be added as an
surveying services.
additional insured to your policy;
property
(ii) Bodily injury"property
and
damage" occurring after:
(b) Any other person or organization
(1.1) All work, including
you are required to add as an
materials, parts or
additional insured under the
equipment furnished in
contract or agreement described
connection with such
in paragraph (a) above.
work, on the project
(c) Such person(s) or organization(s)
(other than service,
is an additional insured only with
maintenance or repairs)
respect to liability for "bodily
to be performed by or on
injury", "property damage" or
behalf of the additional
"personal and advertising injury"
insured(s) at the location
caused, in whole or in part, by:
of the covered operations
(i) Your acts or omissions; or
has been completed; or
(n) The acts or omissions of
(1.2) That portion of "your
work" out of which theinjury
those acting on your behalf;
or damage arises
in the performance of your ongoing
has been put to its
operations for the additional insured.
intended use by any
(d) With respect to the insurance
person or organization
other than another
afforded to these additional
contractor or
insureds, the following additional
subcontractor engaged in
exclusions apply:
performing operations for
This insurance does not apply to:
a principal as a part of the
same project.
"Bodily in u "property
(�) Y 1 rY .
damage" or "personal and
(2) Managers Or Lessors Of Premises
advertising injury" arising out
A manager or lessor of premises but
of the rendering of, or the
only with respect to liability arising out
failure to render, any
of the ownership, maintenance or use
professional architectural,
of that part of the premises leased to
engineering or surveying
services, including:
CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8
with its permission
you and subject to the following
additional exclusions:
This insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to be a
tenant in that premises.
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such additional insured.
(3) Mortgagee, Assignee Or Receiver
A mortgagee, assignee, or receiver
but only with respect to their liability
as mortgagee, assignee, or receiver
and arising out of the ownership,
maintenance, or use of a covered
premises by you.
This insurance does not apply to
structural alterations, new
construction or demolition operations
performed by or on behalf of such
additional insured.
(4) Owners Or Other Interests From
Whom Land Has Been Leased
An owner or other interest from whom
land has been leased to you but only
with respect to liability arising out of
the ownership, maintenance or use of
that part of the land leased to you and
subject to the following additional
exclusions:
This insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease
that land.
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such additional insured.
(5) Lessor Of Leased Equipment
Any person(s) or organization(s) from
whom you lease equipment but only
with respect to liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person(s) or organization(s).
A person's or organization's status as
an additional insured under this
endorsement ends when their written
contract or written agreement with
you for such leased equipment ends.
This insurance does not apply to any
"occurrence" which takes place after
the equipment lease expires.
(6) State, Municipality, Governmental
Agency Or Subdivision Or Other
Political Subdivision — Permits Or
Authorizations Relating To
Premises
Any state, municipality, governmental
agency or subdivision or other
political subdivision subject to the
following additional provisions:
(a) This insurance applies only with
respect to:
(i) The following hazards for
which the state, municipality,
governmental agency or
subdivision or other political
subdivision has issued a
permit or authorization in
connection with premises you
own, rent or control and to
which this insurance applies:
(1.1) The existence,
maintenance, repair,
construction, erection
or removal of
advertising signs,
awnings, canopies,
cellar entrances, coal
holes, driveways,
manholes, marquees,
hoist away openings,
sidewalk vaults, street
banners or decorations
and similar exposures;
or
(1.2) The construction,
erection or removal of
elevators; or
(1.3) The ownership,
maintenance or use of
any elevators covered
by this insurance.
(ii) Operations performed by you
or on your behalf for which
the state, municipality,
governmental agency or
subdivision or other political
subdivision has issued a
permit or authorization.
CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8
with its permission
(b) This insurance does not apply to
(iii) Any physical or chemical
"bodily injury", "property damage"
change in the product made
or "personal and advertising
intentionally by the
injury" arising out of operations
vendor;
performed for the state,
(iv) Repackaging, except when
municipality, governmental
unpacked solely for the
agency or subdivision or other
purpose of inspection,
political subdivision.
demonstration, testing, or the
(7) Controlling Interest
substitution of parts under
Any person(s) or organization(s) with
instructions from the
a controlling interest in the Named
manufacturer, and then
Insured but only with respect to their
repackaged in the original
liability arising out of:
container;
(a) Their financial control of you; or
(v) Any failure to make such
inspections, adjustments,
(b) Premises they own, maintain or
tests or servicing as the
control while you lease or occupy
vendor has agreed to make
these premises.
or normally undertakes to
This insurance does not apply to
make in the usual course of
structural alterations, new
business, in connection with
construction or demolition operations
the distribution or sale of the
performed by or for such person(s) or
products;
organization(s).
(vi) Demonstration, installation,
(8) Co -Owner Of Insured Premises
servicing or repair
operations, except such
A co-owner of a premises co -owned
operations performed at the
by you and covered under this
vendor's premises in
insurance but only with respect to the
connection with the sale of
co -owner's liability as co-owner of
the product;
such premises.
(vii) Products which, after
(9) Vendors
distribution or sale by you,
(a) Any person(s) or organization(s)
have been labeled or
relabeled or used as a
(referred to as vendor), but only
container, part or ingredient
with respect to "bodily injury" or
of any other thing or
"property damage" arising out of
substance by or for the
"your products" which are
vendor; or
distributed or sold in the regular
course of the vendor's business.
(viii) "Bodily injury" or "property
The insurance afforded the
damage" arising out of the
sole negligence of the vendor
vendor does not apply to:
for its own acts or omissions
(i) "Bodily injury" or "property
or those of its employees or
damage" for which the
anyone else acting on its
vendor is obligated to pay
behalf. However, this
damages by reason of the
exclusion does not apply to:
assumption of liability in a
(1.1) The exceptions
written contract or written
contained in Sub -
agreement. This exclusion
paragraphs (iv) or
does not apply to liability for
(vi); or
damages that the vendor
would have in the absence of
(1.2) Such inspections,
the written contract or written
adjustments, tests or
agreement;
servicing as the
(ii) Any express warranty
vendor has agreed to
make or normally
unauthorized by you;
undertakes to make
CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8
with its permission
in the usual course of
business, in
connection with the
distribution or sale of
the products.
(b) This insurance does not
apply to any insured person
or organization, from whom
you have acquired products,
or any ingredient, part or
container, entering into,
accompanying or containing
such products.
2. With respect to coverage provided by this
Provision A. Miscellaneous Additional
Insureds, the following additional provisions
apply:
a. Any insurance provided to an additional
insured designated under Paragraphs
A.1.c.(1) through A.1.c.(8) above does
not apply:
(1) To "bodily injury" or "property
damage" included within the
"products -completed operations
hazard"; or
(2) To "bodily injury", "property damage"
or "personal and advertising injury"
arising out of the sole negligence of
such additional insured.
b. The insurance afforded to such additional
insured only applies to the extent
permitted by law.
c. The insurance afforded to such additional
insured will not be broader than that which
you are required to provide by the written
contract or written agreement.
3. With respect to the insurance afforded to the
additional insureds within this Provision A.
Miscellaneous Additional Insureds, the
following is added to Section III — Limits Of
Insurance:
The most we will pay on behalf of the
additional insured is the amount of insurance:
a. Required by the written contract or written
agreement; or
b. Available under the applicable Limits Of
Insurance shown in the Declarations;
B. EXPECTED OR INTENDED INJURY OR
DAMAGE
Exclusion 2.a. Expected Or Intended Injury of
Section I — Coverage A — Bodily Injury And
Property Damage Liability is deleted and
replaced by the following:
a. Expected Or Intended Injury Or Damage
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or
property.
C. KNOWLEDGE OF OCCURRENCE
Paragraph 2.a. Duties In The Event Of
Occurrence, Offense, Claim Or Suit of Section
IV — Commercial General Liability Conditions
is deleted and replaced by the following:
a. You must see to it that we are notified as soon
as practicable of an 'occurrence" or an
offense which may result in a claim only when
the 'occurrence" or offense is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A manager, if you are a limited liability
company; or
(4) An "executive officer" or the "employee"
designated by you to give such notice, if
you are an organization other than a
partnership or a limited liability company.
To the extent possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(ii) The names and addresses of any injured
persons and witnesses; and
(iii) The nature and location of any injury or
damage arising out of the 'occurrence" or
offense.
D. LEGAL LIABILITY — DAMAGE TO PREMISES
RENTED TO YOU (Fire, Lightning, Explosion,
Smoke, Or Leakage From Automatic Fire
Protective Systems)
If damage to premises rented to you is not
otherwise excluded from this policy or coverage
part, then the following provisions apply:
whichever is less.
1. Under Section I — Coverage A —Bodily
This endorsement shall not increase the Injury And Property Damage Liability, the
applicable Limits Of Insurance shown in the last paragraph (after the exclusions) is deleted
Declarations. and replaced by the following:
CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8
with its permission
Exclusions c. through n. do not apply to
damage by fire, lightning, explosion, "smoke",
or leakage from automatic fire protective
systems to premises while rented to you or
temporarily occupied by you with the
permission of the owner. A separate limit of
insurance applies to this coverage as
described in Section III — Limits Of
Insurance.
2. The paragraph immediately after Sub-
paragraph j.(6) of Paragraph 2. Exclusions of
Section I — Coverage A — Bodily Injury And
Property Damage Liability is deleted and
replaced by the following:
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other than
damage by fire, lightning, explosion, "smoke",
or leakage from automatic fire protective
systems) to premises, including the contents
of such premises, rented to you for a period of
seven or fewer consecutive days. A separate
limit of insurance applies to Damage To
Premises Rented To You as described in
Section III — Limits Of Insurance.
3. Paragraph 6. of Section III — Limits Of
Insurance is deleted and replaced by the
following:
6. Subject to Paragraph 5. above, the
greater of:
a. $300,000; or
b. The Damage To Premises Rented To
You Limit shown in the Declarations,
is the most we will pay under Coverage A
for damages because of "property
damage" to premises while rented to you,
or in the case of damage by fire, lightning,
explosion, "smoke", or leakage from
automatic fire protective systems, while
rented to you or temporarily occupied by
you with permission of the owner.
This limit will apply to all damage
proximately caused by the same event,
whether such damage results from fire,
lightning, explosion, "smoke", leakage
from automatic fire protective systems, or
other covered causes of loss or any
combination thereof.
4. Subparagraph b.(1)(a)(1111) of Paragraph 4.
Other Insurance of Section IV —
Commercial General Liability Conditions is
deleted and replaced by the following:
you or temporarily occupied by you with
permission of the owner;
5. Subparagraph a. of Definition 9. "Insured
contract" of Section V — Definitions is
deleted and replaced by the following:
a. A contract for a lease of premises.
However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning, explosion, "smoke" or leakage
from automatic fire protective systems to
premises while rented to you or
temporarily occupied by you with
permission of the owner is not an "insured
contract".
6. As used in this Provision D. Legal Liability —
Damage To Premises Rented To You:
"Smoke" does not include smoke from
agricultural smudging, industrial operations or
"hostile fire".
E. MEDICAL PAYMENTS
The Medical Expense Limit is changed, subject to
the terms of Section III — Limits Of Insurance, to
the Medical Expense Limit shown in the
Declarations.
F. MOBILE EQUIPMENT REDEFINED
Subparagraph f.(1) of Definition 12. "Mobile
equipment' of Section V — Definitions is deleted
and replaced by the following:
(1) Equipment with a gross vehicle weight of
1,000 pounds or more and designed primarily
for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
G. NEWLY FORMED OR ACQUIRED
ORGANIZATION, PARTNERSHIP OR LIMITED
LIABILITY COMPANY AND EXTENDED
PERIOD OF COVERAGE
Paragraph 3. of Section II — Who Is An Insured
is deleted and replaced by the following:
3. Any organization you newly acquire or form,
other than a joint venture, and over which you
maintain ownership or:
a. Majority interest of more than 50% if you
are a corporation;
(ii) That is fire, lightning, explosion, "smoke" b. Majority interest of more than 50% as a
or leakage from automatic fire protective general partner of a newly acquired or
systems insurance for premises rented to formed partnership; and/or
CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8
with its permission
c. Majority interest of more than 50% as an
owner of a newly acquired or formed
limited liability company;
will qualify as a Named Insured if there is no
other similar insurance available to that
organization. However, for these
organizations:
(1) Coverage under this provision is afforded
only until the next anniversary date of this
policy's effective date after you acquire or
form the organization, partnership or
limited liability company, or the end of the
policy period, whichever is earlier;
(ii) Section I — Coverage A — Bodily Injury
And Property Damage Liability does not
apply to "bodily injury" or "property
damage" that occurred before you
acquired or formed the organization,
partnership or limited liability company;
(ill) Section I — Coverage B — Personal And
Advertising Injury Liability does not
apply to "personal and advertising injury"
arising out of an offense committed before
you acquired or formed the organization,
partnership or limited liability company;
(iv) Coverage applies only when operations of
the newly acquired organization,
partnership or limited liability company are
the same or similar to the operations of
insureds already covered under this
insurance;
(v) Coverage only applies for those limited
liability companies who have established
a date of formation as recorded within the
filed state articles of organization,
certificates of formation or certificates of
organization; and
(vi) Coverage only applies for those
partnerships who have established a date
of formation as recorded within a written
partnership agreement or partnership
certificate.
H. WHO IS AN INSURED — AMENDMENT
The last paragraph of Section II — Who Is An
Insured is deleted and replaced by the following:
No person or organization is an insured with
respect to the conduct of any:
a. Current partnership or limited liability
company, unless otherwise provided for under
Paragraph 3. of Section II — Who Is An
Insured;
b. Current joint venture; or
c. Past partnership, joint venture or limited
liability company;
that is not shown as a Named Insured in the
Declarations.
NON -OWNED WATERCRAFT
Subparagraph (2) of Exclusion 2.g. Aircraft,
Auto Or Watercraft of Section I — Coverage A —
Bodily Injury And Property Damage Liability is
deleted and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or
property for a charge.
SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
Section I — Supplementary Payments —
Coverages A And B is changed as follows:
1. The limit shown in Paragraph 1.b. for the cost
of bail bonds is changed from $250 to $3,000;
and
2. The limit shown in Paragraph 1.d. for loss of
earnings because of time off from work is
changed from $250 a day to $1,000 a day.
K. UNINTENTIONAL OMISSION OR
UNINTENTIONAL ERROR IN DISCLOSURE
The following provision is added to Paragraph 6.
Representations of Section IV — Commercial
General Liability Conditions:
However, the unintentional omission of, or
unintentional error in, any information given or
provided by you shall not prejudice your rights
under this insurance.
This provision does not affect our right to collect
additional premium or to exercise our right of
cancellation or non -renewal.
L. WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS
The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us of
Section IV — Commercial General Liability
Conditions:
We waive any right of recovery we may have
against any person or organization because of
payments we make for injury or damage arising
out of your ongoing operations or "your work" and
included in the "products -completed operations
hazard" when you have agreed in a written
contract or written agreement that any right of
recovery is waived for such person or
organization. This waiver applies only to the
CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8
with its permission
person(s) or organization(s) agreed to in the
written contract or written agreement and is
subject to those provisions.
This waiver does not apply unless the written
contract or written agreement has been executed
prior to the "bodily injury" or "property damage".
However, if any person or organization is
separately scheduled on a separate waiver of
transfer of rights of recovery which is attached to
this policy, then this waiver does not apply.
M. LIBERALIZATION CLAUSE
The following is added to Section IV —
Commercial General Liability Conditions:
If we adopt a mandatory attachment form change
which broadens coverage under this edition of the
Commercial General Liability CG0001 for no
additional charge, and those changes are
intended to apply to all insureds under this edition
of CG0001, that change will automatically apply to
your insurance as of the date we implement the
change in your state. This liberalization clause
does not apply to changes implemented through
introduction of a subsequent edition of the
Commercial General Liability form CG0001.
N. INCIDENTAL MEDICAL MALPRACTICE
1. Paragraph 2.a.(1)(d) of Section II — Who Is
An Insured does not apply to a physician,
nurse practitioner, physician assistant, nurse,
emergency medical technician or paramedic
employed by you if you are not in the business
or occupation of providing medical,
paramedical, surgical, dental, x-ray or nursing
services.
2. This provision is excess over any other valid
and collectible insurance whether such
insurance is primary, excess, contingent or on
any other basis. Any payments by us will
follow Paragraph 4.b. of Section IV —
Commercial General Liability Conditions.
CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8
with its permission
M&C Review Page 1 of 2
U
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGEND FoRTI
Create New From This M&C
DATE: 6/24/2025 REFERENCE **M&C 25- LOG NAME: 03BROADCAST HILL
NO.: 0558 TRAIL CONTRACT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 8) Authorize the Execution of a Contract with Ecosystem Regeneration Artisans LLC
in the Amount of $149,994.00 for Trail Construction and Signage at the Tandy
Hills/Stratford/Broadcast Hill Natural Area
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager or his designee to execute a
contract in the amount of $149,994.00 with Ecosystem Regeneration Artisans LLC for trail
construction and signage at the Tandy Hills/Stratford/Broadcast Hill Natural Area (City Project Nos.
104602 and 103512).
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract
with Ecosystem Regeneration Artisans LLC to recommend new trail routes, construct at least two
additional miles of natural surface (primitive dirt) trails, and install signs and trail markers at the Tandy
Hills/Stratford/Broadcast Hill Natural Area.
On November 8, 2022, M&C 22-0928 accepted a grant award of $150,000.00 from the North Texas
Community Foundation and set up the Land Conservation and Environment project (City Project No.
104602) to fund habitat restoration and accessibility projects at the Broadcast Hill Natural Area, Tandy
Hills Nature Area, and Stratford Nature Area. These projects include the extension of the trail system
to provide a connection between the Broadcast Hill Natural Area, Tandy Hills Nature Area, and
Stratford Nature Area, the design and installation of signage, and the control of invasive privet through
forestry mulching and herbicide application.
In 2022, it was estimated that trail design and construction would cost $52,000.00 and signage would
cost $10,000.00. Since that time, costs increased and the City was unable to secure a contract within
the original budgeted amount. On December 10, 2024, M&C 24-1033 added $60,000.00 to the
remaining budget of approximately $24,372.62 in the Broadcast Hill Improvements project (City
Project No. 103512) for signage and natural surface trails to help secure a contract to complete the
work as outlined in the grant. These funding sources will be utilized to pay for the work performed
pursuant to the terms of the contract
The majority of the work is anticipated to be complete by the end of Fiscal Year 2025, with the
potential for delays due to weather and other uncertainties. The contract is set to expire July 31, 2026
to allow for unforeseen delays in acquiring materials or other issues that could arise.
The Business Equity Division placed a 7.60\% business equity goal on this solicitation/contract.
Ecosystem Regeneration Artisans will be exceeding the goal at 23.10\%, meeting the City's Business
Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division.
Funding is budgeted in the Grants Capital Project Other and General Gas Lease Capital Project
Funds for the purpose of funding the Land Conservation and Environmental and Broadcast Hill
Improvements projects, as appropriated.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/councll_packet/mc review. asp?ID=3 3419&councildate=6/24/2025 10/7/2025
M&C Review
Page 2 of 2
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Grants Capital Project Other Fund for the Land Conservation and Environmental
project and in the General Gas Lease Capital Project Fund for the Broadcast Hill Improvements
project to support the approval of the above recommendation and execution of the contract. Prior to
any expenditure being incurred, the FWLab Department has the responsibility to validate the
availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID I I ID I I I Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa ()
Originating Department Head: Christianne Simmons (6222)
Additional Information Contact:
ATTACHMENTS
03BROADCAST HILL TRAIL CONTRACT FID Table.xlsx (CFW Internal)
03BROADCAST HILL TRAIL CONTRACT funds availability.pdf (CFW Internal)
25-0066 (104602 RFP Open Space Trails and Signage)-CC.pdf (CFW Internal)
ERA for Trail Project Form 1295 Certificate 101370505 signed.pdf (CFW Internal)
http://apps.cfwnet.org/councll_packet/mc review. asp?ID=3 3419&councildate=6/24/2025 10/7/2025
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.
2025-1312262
Ecosystem Regeneration Artisans LLC
San Marcos, TX United States
Date Filed:
05/20/2025
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.
25-0066
recommend new trail routes, construct at least two miles of natural surface (primitive dirt) trails, and install signs and trail markers
at the Tandy Hills/Stratford/Broadcast Hills Natural Area
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
Brown, Shannon
San Marcos, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
Shannon Brown
My name is ,and my date of birth is
My address is 946 Boulder Bluff San Marcos Tx 78666 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Hays Texas May
20th
Executed in County, State of on the day of 20 25
(month) (year)
Shannon Leigh Brown
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.e02d6221
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Ecosystem Regeneration Artisans LLC
Subject of the Agreement: Vendor Services Agreement for the design and installation of a minimum
2 miles of natural surface trails at Broadcast Hill and trail signage and trail markers at Broadcast Hill,
Tandy Hills, & Stratford Hill natural area.
M&C Approved by the Council? * Yes 9 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 9 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: date of signing
If different from the approval date.
Expiration Date: nta
If applicable.
Is a 1295 Form required? * Yes 8 No ❑
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If'applicable. 104602 & 103512
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.