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HomeMy WebLinkAboutContract 62186CSC No. 62186 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 Westwood Professional Services, Inc. authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Bunche Park Phase III — Project No. 104953. 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 $35,700.00 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 Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY 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. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. 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. City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 2 of 15 (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. E. 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. F. 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 City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 3 of 15 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. G. Opinions of Probable Cost, Financial Considerations, and Schedules (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. H. 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. City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 4 of 15 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. J. Business Equity Participation 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 No. 25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement 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. K. 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 City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 5 of 15 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. L. 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. M. 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. N. 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. O. 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. P. 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, City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 6 of 15 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. Q. Schedule 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 CITYwill 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. City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 7 of 15 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. (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. City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 8 of 15 (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 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. City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 9 of 15 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 (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 City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 10 of 15 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, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. 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, City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 11 of 15 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 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 unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 12 of 15 Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (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. City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 13 of 15 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 Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH 0ry Jesica McEachern Assistant City Manager Date: Oct 24, 2024 ATTEST: `FORT➢➢ pO add aao G9pa �p o°we �P Py*�o* p �I ➢➢➢➢ °Eap5�6 Rpg Jannette Goodall City Secretary APPROVAL RECOMMENDED: � � SP JY Y• Richard Zavala Director, Park & Recreation BY: ENGINEER Westwood Professional Services, Inc. Brian D. O'Neill, P.E., CFM Senior Director, Public Infrastructure Date: Oct 21, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 14 of 15 APPROVED AS TO FORM AND LEGALITY fj� By: Douglas Black (Oct 23, 202409:41 CDT) M&C No.: N/A Douglas W Black Sr. Assistant City Attorney M&C Date: N/A 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. Patrick Vicknair Project Manager City of Fort Worth, Texas Bunche Park Phase III Standard Agreement for Engineering Related Design Services CPN 104953 Revised Date: 12-08-2023 Page 15 of 15 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services EXHIBIT `A' — SCOPE OF SERVICES BUNCHE PARK — PHASE g PROJECT DESCRIPTION: The project consists of survey and landscape architecture services related to phase 3 improvements to the existing Bunche Park. Design improvements include, a new volleyball court, pavilion and sidewalk connections per Site Exhibit D in this document. (PROJECT). BASIC SERVICES: A. Partial Topographic Survey Westwood will perform an on the ground survey of the property under the direct supervision of a Registered Professional Land Surveyor. 1. Included in this item: • Location of permanent improvements on, and immediately adjacent to, the site. • Spot elevations on a 50400t grid. • Contours on one foot intervals. • Top of curb and gutter elevations for paving on, and immediately adjacent to, the site. • Locations, common name and trunk diameter of trees over 6-inches in caliper or the outline of heavily wooded areas. • Location of visible utilities and appurtenances. • Location and sizes of underground utilities based on available record information. • Westwood will graphically plot, if any, the Special Flood Hazard Area from the Flood Insurance Rate Map (FIRM), published by Federal Emergency Management Agency (FEMA), for this area. • Graphical depiction of site boundaries adjacent to the survey area based upon the current deed or plat. If the site is platted, we will graphically show easements defined on the plat. This depiction is approximate and the work does not include boundary research or review of found monumentation. 2. Not included in this item: • Species names of trees. • Trees less than 6-inches in diameter. • Tree locations and identification in heavily wooded areas. • Boundary surveying. • Research or review of easements that may affect the subject tract. • Subsurface utility engineering services. • Parking spaces in parking garages. • Location of irrigation control valves. 10/9/2024 (Revised) Page 2 0040332.01 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services Landscape Architecture Assumptions & Exclusions Below are shown the assumptions and qualifiers for the landscape architecture scope of work found herein. 1. Assumptions: • Area of work is as shown in "Exhibit D" attached. • Project budget is unknown. 2. Communications and Reporting: • Presentations, documents, or plans required for "Special Exceptions", Variances or Zoning changes required by the architectural or civil design solutions chosen by the Owner. • Field identification or location of trees. The landscape architect will rely on the previous site survey to show existing trees. • Multiple design alternatives beyond those described herein, or significant site plan revisions following acceptance at each given phase of review documents. • Water feature or pool design. • Irrigation systems utilizing reclaimed water that require pumps, filters and associated controls. This can be provided as an additional service if needed. • Site signage and/or signs for buildings and vehicular circulation. • Site and/or ornamental lighting. • LEED pursuit. • Footings for shade structures. • Vehicular Paving Design. • Site walls over 36" height and/or retaining walls less than 36" height with significant surcharge. • Regular owner/Architect/Contractor (OAC) project coordination meetings during construction. B. Project Management, Coordination & Permitting 1. Manage the Team: • Lead, manage and direct design team activities. • Ensure quality control is practiced in performance of the work. • Communicate internally among team members. • Allocate team resources. 2. Communications and Reporting: • Attend a pre -design project kickoff meeting with Client staff to confirm and clarify ,scope, understand Client objectives, and ensure economical and functional designs that meet Client requirements. • Conduct review meetings with the Client at the end of each design phase. • Prepare and submit monthly invoices in the format acceptable to the Client. • Prepare and submit baseline Project Schedule initially and Project Schedule updates. 10/9/2024 (Revised) Page 3 0040332.01 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services C. Hardscape Plan Services Westwood will provide a Landscape Architecture Design services that consists of hard surface elements of the site on the ground plane, excluding vehicular paving. Elements typically include pedestrian paving, selection and location of ornamental light fixtures, pedestrian hand rails, exterior stairs and ramps, site furniture, fencing, mow curbs, shade structures and seat walls/retaining walls less than 36" in height. 1. Included in this item: • Coordination of City review and approval of plans prepared as part of this item. • Schematic Design (30% Plans): One (1) schematic option submitted for client review and coordination. One (1) board depicting critical sections, elevations or three dimensional aspects of the design necessary to demonstrate design intent. Following team review, one (1) revision of the Schematic Design to incorporate client comments. An opinion of probable construction cost will be provided. • Design Development (6o% Plans): Plans to include one (1) demolition plan, one (1) Layout Plan depicting horizontal alignment, one (1) Grading and Drainage Plan depicting direction and location of site drainage for exterior spaces outside of the parking lots and vehicular circulation and Site Detail Plans depicting elevations and sections of key elements prepared as a part of this item. An opinion of probable construction cost will be provided. • Construction Documents (go% & Final Plans): Plans to include demolition, layout, grading and detail plans to a level sufficient to demonstrate design intent and allow the construction thereof, including materials and quantity schedules. Technical specifications will be prepared for each critical item in the Landscape Architectural Plans. • TDLR Review: Includes One (1) submittal to an approved TAS reviewer and one (1) revision to the plans based on comment. Review fees will be charged to the Client as a direct expense. D. Planting & Irrigation Plans — Limited Services Westwood will provide limited planting and irrigation services that consist of minimum requirements to meet the minimum requirements of the city forester and over all master plan for the park in the locations being improved for phase 3. 1. Included in this item: • Coordination of City review and approval of plans prepared as part of this item. • Construction Documents: Plans to include planting and irrigation with applicable details to a level sufficient to demonstrate design intent and allow the construction thereof, including materials and quantity schedules. Technical specifications to be included for the go% and final plan submittals. 10/g/2024 (Revised) Page 4 0040332.01 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services E. TAS/TDLR Coordination Westwood will prepare submittal paperwork and submit plans and specifications to a Registered Accessibility Specialist (RAS) to be reviewed in accordance with the Texas Accessibility Standards (TAS); particularly, the Architectural Barriers Act. 1. Included in this item: • One (1) revision to the plans to respond to any deficiencies in the plans and specifications identified in the RAS plan review. • One (1) site visit with the RAS for the final site inspection. F. Landscape Architecture Bid Phase & Construction Phase Services 1. Limited Bid Phase • During the Bid Phase, Westwood will be available to provide coordination as required with prospective bidders. 2. Construction Administration Westwood will provide limited Bid and Construction Administration services related to the work shown on the Landscape Architecture Plans. A representative will process shop drawings and product submittals, respond to RFIs, and issue supplemental instructions if required related to the work shown on the Landscape Architecture plans provided by Westwood. Submittals not required by the contract documents or not related to plans developed by the landscape architect will not be reviewed. At the Client's request, a representative will attend up to one (1) Owner/Architect/Contractor (OAC) project coordination meetings during construction. At the request of the Owner, Westwood will visit the site at critical junctures during the course of site construction up to three (3) times. Recommended times for site visits could include: • Paving mockups and site formwork/reinforcing. • Upon completion of soil preparation and finish grade, after plant material has been laid out, but prior to actual planting. • Substantial Completion Walk -Through. • Final Completion Walk -Through. • This shall not be construed as performing continuous construction inspection. Please note the following: • Westwood shall not at any time supervise or have authority over any Contractor work or jobsite management procedures, nor shall Westwood have authority over or be responsible for the means and methods, or procedures of construction selected or used by the Contractor. • Westwood neither guarantees the performance of the Contractor nor assumes responsibility for the Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. • Westwood shall not provide or have any responsibility for surety bonding or insurance -related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. 10/9/2024 (Revised) Page 5 0040332.01 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services Westwood shall not be responsible for the acts or omissions of the Contractor or for any decision or interpretation of the Contract Documents made by the Contractor. While at the Site, Westwood's employees and representatives shall comply with the specific applicable requirements of the Contractor's and Owner's safety programs of which Westwood has been informed in writing. G. Direct Expenses Included in this item are usual and customary expenses normally incurred during performance of the services described. These expenses could include courier delivery charges, copies of deeds and plats, copies of existing engineering plans and/or maps, printing and reproduction (either in-house or by reproduction company). As it is our understanding that the Owner will coordinate submittal of all plats and plans to the city and county, application, review and filing fees are not included in this item. H. Record Drawings (Landscape) Westwood will develop record drawings from the mark-ups kept by the Contractor during construction and provide those at the completion of the project. Services not included in this contract: ■ Construction inspection services ■ As -built surveys of constructed improvements • Public hearings or City Council/Commission meetings • Utility coordination meetings) to start relocation process with affected franchise utilities • Reset property corner monumentation disturbed or removed during or after construction • Phase II Environmental Site Assessments • Storm Water Pollution Prevention Plans (SWPPP) • Floodplain studies and permitting ■ Full Boundary and topographic surveying ■ Preliminary and final platting • Zoning change assistance • Site Plan layout • Traffic and parking studies • Retaining wall design • Design of screening walls, light pole bases, transformer or generator pads, pavers and/or site signage ■ Design of any underfloor drainage systems or grading • Design of french drain systems around the building perimeters ■ Site Lighting Plan ■ Signage Plan • Off -site roadway, drainage, and utility extensions/improvements • LEED pursuit ■ Construction staking END OF EXHIBIT `A' 10/9/2024 (Revised) Page 6 0040332.01 EXHIBIT B to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services EXHIBIT `B' — COMPENSATION AND METHOD OF PAYMENT BUNCHE PARK — PHASE 3 COMPENSATION: For all professional services included in EXHIBIT `A', Scope of Services, Westwood shall be compensated a lump sum fee of $35,700.00 as summarized below. The total lump sum fee shall be considered full compensation for the services described in EXHIBIT `A', including all labor materials, supplies, and equipment necessary to deliver the services. Basic & Special Services A. Topographic Survey $ 6,000.00 B. Project Management, Coordination & Permitting $ 2,8,0o.00 C. Hardscape Services $ 8,000.00 D. Landscape & Irrigation — Limited Services $ 6,000.00 E. TAS/TDLR Coordination $ 3,400.00 F. Limited Bid Phase & Construction Administration $ 6,000.00 G. Direct Expenses $ 2,000.00 H. Record Drawings $ 1.r,00.00 TOTAL $35,700.00 METHOD OF PAYMENT: Westwood shall be paid monthly payments as described in Article 3 of the AGREEMENT. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of Westwood. Monthly statements for reimbursable services performed by sub consultants will be based upon the actual cost to Westwood plus ten percent (1o%). Direct expenses for services such as printing, express mail, fees, mileage and other direct expenses that are incurred during the progress of the project will be billed at 1.1 times Westwood's cost. END OF EXHIBIT `B' 10/9/2024 (Revised) Page 7 0040332.01 This Addendum is hereby incorporated into the agreement by reference herein for all purposes. ADDENDUM OF FEDERAL REQUIREMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The following sections must be included in bid documents and contracts or subcontracts involving the use of United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. 1.0. Lead -Based Paint Requirements. If applicable, Contractor will comply with Federal lead -based paint requirements including lead screening in housing built prior to 1978 in accordance with 24 CFR Part 570.608 and 24 CFR Part 35, subparts A, B, J, K, M, and R, and the Lead: Renovation, Repair and Painting Program Final Rule, 40 CFR Part 745, in any construction and/or rehabilitation of the Required Improvements. 2.0. Terms Aimlicable to Contractors. Subcontractors and Vendors. Contractor understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all Subcontractors and Vendors of Contractor which are in any way paid with CDBG funds or who perform any work in connection with the Project. Contractor shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder, including if applicable its obligations regarding the CDBG Regulations, the CDBG Requirements, and the City Requirements during the Construction Period. Contractor shall monitor the services and work performed by its Subcontractors and Vendors and Others on a regular basis for compliance, as applicable, with the CDBG Regulations, the CDBG Requirements, and the City Requirements as well as the Contract provisions. Contractor must cure all violations of the CDBG Regulations committed by its Subcontractors or Vendors. Contractor acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and be applicable for the length of the Construction Period and for 5 years thereafter. 3.0. Contractor, Vendor and Subcontractor Requirements. Contractor will use commercially reasonable efforts to ensure that all Subcontractors or Vendors utilized in the construction of the Project are appropriately licensed and such licenses are maintained throughout the construction of the Project. Contractor shall ensure that all Subcontractors or Vendors utilized by Contractor in the construction of the Project are not debarred or suspended from performing the Contractor's, Subcontractor's or Vendor's work by the City, the State of Texas, or the Federal government. Contractor acknowledges that 24 CFR Part 85.35 forbids Contractor from hiring or continuing to employ any Subcontractor or Vendor that is listed on the Federal Excluded Parties List System for Award Management, www.sam.gov ("SAM"). Contractor must confirm by search of SAM that all Subcontractors or Vendors are not listed as being debarred, both prior to hiring and prior to submitting a Partial Pay Estimate which includes invoices from any such Subcontractor or Vendor. Failure to submit such proofs of search shall be an event of default. In the event that City determines that any Subcontractor or Vendor has been debarred, suspended, or is not properly licensed, Contractor shall immediately Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No.104953 1 cause such Subcontractor or Vendor to stop work on the Project and Contractor shall not be reimbursed for any work performed by such Subcontractor or Vendor. However, this Section should not be construed to be an assumption of any responsibility or liability by City for the determination of the legitimacy, quality, ability, or good standing of any Contractor, Subcontractor or Vendor. Contractor acknowledges that the provisions of this Section pertaining to SAM shall survive the termination of this Contract and be applicable for the length of the Construction Period. 4.0. Environmental Review. Funds will not be paid, and costs cannot be incurred, until City has conducted and completed an Environmental Review Record as required by 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify, or cancel the project. 4.01 Mitigation. If applicable, Contractor must implement mitigation actions outlined in the Environmental Review Record. Failure to complete the required mitigation action is an event of default under this Contract. 5.0. Compliance With All Applicable Laws and Regulations. Contractor agrees to comply fully with all applicable laws and regulations that are currently in effect or that are hereafter amended during the term of this Contract and throughout the Construction Period. Those laws include, but are not limited to: ➢ CDBG Regulations found in 24 CFR Part 570. ➢ Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.) ➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) including provisions requiring recipients of federal assistance to ensure meaningful access by person of limited English proficiency ➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.) ➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 ➢ The Age Discrimination in Employment Act of 1967 ➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.) ➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA") ➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and 24 CFR Part 8 where applicable ➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58. ➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and the related Executive Order 11738 and Environmental Protection Agency Regulations at 40 CFR Part 15. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No.104953 2 the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees ➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A ➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons ➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR Part 23, Subpart F ➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities ➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act ➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247 ➢ For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 5 ➢ For construction contracts in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5 ➢ Section 3 of the Housing and Urban Development Act of 1968, and implementing regulations related to housing and community development financial assistance at 24 CFR Part 75 ➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M, and R ➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006, (Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L. 113-101) ➢ Federal Whistleblower Regulations, 10 U.S.C. 2409,41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310. 5.01 HUD -Assisted Proiects and Emplovment and other Economic Opportunities; Section 3 Requirements. 5.01.01. Requirement to be included in Construction Contracts. As mandated by Section 3 of the Housing and Urban Development Act of 1968 and its related regulations at 24 CFR Part 75, Developer and Project Construction Contractors shall, to the greatest extent feasible, provide employment opportunities to low and moderate income workers and to low and moderate income residents of the Project Service Area and to businesses owned by or employing low and moderate income workers, as further defined and described in the Sections below. Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No.104953 3 5.01.02. Section 3 Definitions. 5.01.02.01 Section 3 Worker means either a) a worker whose income is below the income established by HUD for Section 3 compliance, which is 80% of the area median income, or b) a worker that is employed by a Section 3 Business. 5.01.02.02 Targeted Section 3 Worker means a worker that lives within the Project Service area and also meets the definition of a Section 3 Worker. 5.01.02.03 Section 3 Business means a business that meets one of the following conditions: a) is at least 51 % owned by low- or moderate -income persons, b) has had over 75% of its labor hours performed over the last the months by low- or moderate -income persons, or c) is at least 51 % owned by public housing residents or residents that currently live in Section 8-assisted housing. 5.01.02.04 Project Service Area means the geographic area within one mile of the. Project Site which includes 5000 population, or the geographic area around the Project Site which is large enough to include 5000 residents, as represented on Section 3 Project Service Area Map (to be attached in the Contract). 5.01.03. Contractor Responsibilities for Section 3 Requirements. Contractor understands and agrees that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 75, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Project binding upon City and Contractor, and their respective successors, assigns, contractors and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors and vendors and their respective successors and assigns to those sanctions specified by this Contract through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 75. Contractor's responsibilities for fulfilling Section 3 requirements include: 5.01.03.01. Implementing procedures to notify potential Section 3 Workers and business concerns about training, employment, and contracting opportunities generated by this Contract; 5.01.03.02. Notifying potential contractors working on Section 3 covered projects of their responsibilities; 5.01.03.03. Facilitating the training and employment of Section 3 Workers and the award of contracts to Section 3 business concerns; 5.01.03.04. Assisting and actively cooperating with the NSD in making contractors and subcontractors comply; 5.01.03.05. Documenting actions taken to comply with Section 3; and 5.01.03.06. Submitting Section 3 Reports to City as further Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No. 104953 4 described below. 5.01.04. Section 3 Reporting Requirements. 5.01.04.01. Report to Lender within 30 days of award of the prime construction contract, and regularly thereafter, the names, hourly wages, hours worked, and related required information for all nonprofessional workers working on the Project. This information must be reported through Lender's designated Section 3 and Davis -Bacon reporting software. These reports shall be submitted monthly, or with each construction draw request. 5.01.04.02. Require the Prime Contractor and all subcontractors to provide the information required via the designated Section 3 reporting software. 5.01.04.03. Submit, via Lender's designated Section 3 reporting software, or on applicable forms as attached to this Contract, certifications regarding the Section 3 Worker and Targeted Section 3 Worker status of all nonprofessional workers on the project. 5.01.04.04. Require all subcontractors to complete and submit Section 3 Business Certifications for subsequent submission to Lender. 5.01.04.05. Advertise employment opportunities created by the Project to the public for open competition within the City of Fort Worth, and within the Project Service Area(s), and provide copies of such advertisements to Lender with each quarterly Section 3 report, in the form of printout of Texas Workforce Commission posting, copy of newspaper advertisement, copy of flyers and listing of locations where flyers were distributed, and the like. 5.01.04.06 Report to Lender within 30 days of award of the Contract to the Prime Contractor, and on a monthly basis thereafter, a list of all contracts awarded to subcontractors for the Project. This shall include name of all such subcontractors, their, addresses, zip codes, and the amounts of each subaward as of the date of the report, as well as the contact information for each subcontractor's Human Resources Department or primary hiring official. 5.01.04.07 Participate in, and require the Prime Contractor and subcontractors to participate in at least one Neighborhood/Project Service Area Job Fair organized by the Neighborhood Services Department to promote employment of Section 3 and Targeted Section 3 Workers during the contract period. 5.01.04.08 Coordinate and cooperate with Lender in efforts to publicize employment and contracting opportunities associated with the Project, including programs of Lender's Minority and Women's Business Enterprise (MWBE) office, as described herein. Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No.104953 5 5.01.05 This Section 5.1 shall be included in its entirety in all Project construction contracts or subcontracts totaling $200,000 or more. 6.0. Prohibition Aeainst Discrimination. 6.01. General Statement. Contractor, in the execution, performance or attempted performance of this Contract, and in operation of services provided on the Property, shall comply with all non- discrimination requirements of 24 CFR 570.607 and the ordinances codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. Contractor may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Contractor permit its officers, members, agents, employees, vendors, or project participants to engage in such discrimination. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees, vendors, and contractors, have fully complied with all provisions of same and that no employee, or applicant for employment has been discriminated against under the terms of such ordinances by either or its officers, members, agents, employees, vendors, or contractors. 6.02. No Discrimination in Emplovment during the Performance of this Contract. During the performance of this Contract, Contractor agrees to the following provision, and will require for the construction of the Project that its Subcontractors and Vendors also comply with such provision by including it in all contracts with its Subcontractors or Vendors: (Subcontractor's or Vendor's Name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. (Subcontractor's or Vendor's Name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (Subcontractor's or Vendor's Name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No.104953 6 [Subcontractor's or Vendor's Name] will, in all solicitations or advertisements for employees placed by or on behalf of [Subcontractor's or Vendor's Name], state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Subcontractor's or Vendor's Name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Subcontractor's or Vendor's Namel further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 6.03. Contractor's Contractors and the ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its contractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its contractors. CONTRACTOR WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF CONTRACTOR'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 7.0 Labor Standards. 7.01. As applicable, Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C. 276a-7) as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, State and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Contract. Contractor agrees to comply with the Copeland Anti - Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the United States Department of Labor at 29 CFR Part 5. Contractor shall maintain documentation that demonstrates Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No.104953 7 compliance with hour and wage requirements of this Contract and the CDBG Regulations. Such documentation shall be made available promptly to City for review upon request. 7.02. Contractor agrees that, where required by the CDBG Regulations, all contractors engaged under contract for construction, renovation or repair work financed in whole or in part with assistance provided under this Contract, shall comply with Federal requirements adopted by City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under these regulations are imposed by state or local law, nothing hereunder is intended to relieve Contractor of its obligation, if any, to require payment of the higher wage. Contractor shall cause or require to be inserted in full provisions meeting the requirements of this paragraph in all such contracts subject to such regulations. 7.03. If applicable, Contractor and all lower tier subcontractors will comply with the Davis -Bacon Act as described and attached as Federal Labor Standards Provisions — Davis - Bacon Requirements (form HUD-4010). Contractor shall provide City access to employee payrolls, Subcontractor payrolls and other wage information for persons performing construction of the Project. Payrolls must be submitted to the Neighborhood Services Department weekly, and must be available to Neighborhood Services Department staff upon request. In addition, Contractor shall ensure that City will have access to employees and Subcontractors and their employees in order to conduct onsite interviews with laborers and mechanics. Contractor shall inform its Subcontractors that City staff and/or Federal agencies may conduct periodic employee wage interview visits during the construction of the Project to ensure compliance. 8.0 Subcontracting with Small and Minority Firms. Women's Business Enterprises and Labor Surplus Areas 8.01. For procurement contracts $50,000.00 or larger, Contractor agrees to abide by City's policy to involve Minority Business Enterprises and Small Business Enterprises and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate the City's BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all contracts and subcontracts for procurement $50,000.00 or larger, and will further require all persons or entities with which it so contracts to comply with said ordinance. 8.02 It is national policy to award a fair share of contracts to disadvantaged business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources of supplies, equipment, construction and services. 8.03 In order to comply with Federal reporting requirements, Contractor must submit the form attached as Contract and Subcontract Activity (form HUD-2516) for each contract or subcontract with a value of $10,000.00 or more paid or to be paid with the CDBG Funds. Contractor shall submit this form annually by the date specified in the form and in the manner Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No.104953 8 and to the person identified in writing, which shall be provided to Contractor at the pre - construction conference. 9.0 Right to Inspect Contractor Contracts It is agreed that City has the right to inspect and approve in writing, prior to any charges being incurred, any proposed contracts between Contractor and (i) its Subcontractors, including any lower tier subcontractors engaged in any activity that is funded as a part of the construction of the Project to ensure they contain Davis -Bacon Act and Section 3 requirements, (ii) Vendor contracts arising out of the construction of the Project, and (iii) any third party contracts to be paid with CDBG Funds. 10.0 Certification Regarding Lobbying. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any Contractor, a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Contractor, member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000.00 and not more than $100, 000.00 for each such failure. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. Contractor agrees that Contractor is bound by the terms and conditions set out in this Addendum and further agrees that this Addendum is part of the Contract Documents and is incorporated into the Agreement for all purposes. Addendum of Federal Requirements for CDBG Funds 02.16.24 Bunche Park Phase III City Project No.104953 9 BUNCH PARK PHASE 3 - FORT WORTH, TEXAS P.xarmend:i PoActSdmk ) IYex Agmn �VALkd I In,tia-&ses,dANAMA8wercs3rro't Gm4ac6.0,smem) �Txk 1.1 PMJ Topgradc Suwy lTitl �-TB01 iTxk 72 6ase Fk CRT1N �iazk 1.3 Pmiu:fux Corcepxtl 6ufp.43veels) ITxk 7.4 SWtCfeR Cmxµ BZVev CamelCABudyt Gsq.Ib6YGvgs6ss Prcwesbl �➢rtta-Gsceslm Mk 2.1 110on (4 seela, ,Txkt2 IPna S�hnifalFixe ITak22 [A3Y Pe.Ew Ir.a3a-a.q.uv�wenoaA,d Fbl Pu.,) 1Txk 3.1 Pr�Aebn-4ri ih I3 vctl¢) �TaH�32 6dm490i Fare �T. 3A aex MEv ,T,3.5 Frslutui-RM My 13 a<fla) I_16 Sdsdlar TA6 M+ev 1, 3.7 9dml FrAPtvc 1,32 0APa bdP.*t IT„t4a-GWu �Tai /.1 IgSe h 3EGzrs (3 se:l¢) ITa442 Cry Wk. dB.'Auz CGr IT., 3 Wieh Wo N ITU9 4.4 Ccrsmcts 2 0 2 1 2 0 2 5 0.1ctrr I!phm2r IOe<emLx I' I%finery Iv en Je,,,l IrAaY Inr, lug 1A - Iseyaros 116I15I22I29 5�12119126 311011712413l '?114I21 �2d 41 It1 td16 3lht11l 17124131 ,114121123 51121191M 219I 1fi 123130 ]1141211M 4l11113l25 1I6115122I29 Ili I' I� llllll Illllill"II III III II II�II��IIII BUNCHE PARK - PHASE 3 IMPROVEMENTS EXHIBIT 11/29/2023 WESTWOOD PROFESSIONAL SERVICES mimm, I II R 1; Z-4)p REMOVE EXISTING VOLLEYBALL COURT, PRESERVE SIDEWALK, ADD 30 X40' PAVII C)NI RrVFrATATr nKTI;T?RFn ow @MAO;-- Mpdft92D23 tkVed§ut. Attachment Code: D583373 Certificate ID: 21039819 CNA CNA PARAMOUNT BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE ENDORSEMENT POLICY NO: 7011509284 EFFECTIVE DATE: 11/1/2024 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage; and C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I. shall apply solely to the extent permissible by law. IL If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage. III. But if the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 1001 edition of CG2037: or B. Additional insured coverage with "arising out of language; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following: V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A, The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, Attachment Code: D583373 Certificate ID: 21039819 including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities; or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured; or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. Make available any other insurance, and endeavor to tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. Vill. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. Was executed prior to: 1. The bodily injury or property damage; or 2. The offense that caused the personal and advertising injury; for which the additional insured seeks coverage; and B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense. Attachment Code: D583373 Certificate ID: 21039819 CNA PARAMOUNT Amendment - Additional Insured Limit Provisions This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: When the Named Insured agrees in a written contract to make another entity an Additional Insured, and to carry particular limits of liability insurance, and • The minimum limit of insurance the written contract requires the Named Insured to carry is lower than the limit of insurance otherwise provided by this Policy; and • The written contract does not specify a limit of liability for insurance that applies excess of this Policy, then provisions in this Policy's Additional Insured endorsements that cap the limits available to such Additional Insureds to no more than the amount specified by the written contract continue to apply. In all other instances, however, such provisions in all Additional Insured endorsements attached to this policy do not apply, and are hereby rendered null and void. In no event, however, will the limits of insurance available under this Policy to an Additional Insured be higher than the limits available to the Named Insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Page 1 of 1 Insured Name: WESTWOOD PROFESSIONAL SERVICES, INC. Copyright CNA All Rights Reserved. Policy No: 7011509284 Endorsement No: Effective 11/1/2024 Date: Attachment Code: D583373 Certificate ID: 21039819 Business Auto Policy Policy Endorsement B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. Form No: CNA63359XX (04-2012) Policy No: 7011509298 EFF Date: 11/1/2024 Attachment Code: D583373 Certificate ID: 21039819 CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to CNA74858XX (1-15) Policy No: 7011509284 Endorsement No 7 The Continental Insurance Co. Effective Date: 11/1/2024 Insured Name: WESTWOOD PROFESSIONAL SERVICES, INC. Copy CNA All rights Reserved. Includes copyrighted material of Insurance Services Office., Inc with its permission. Attachment Code: D583373 Certificate ID: 21039819 POLICY NUMBER: 7011509298 CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section ll, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an 'insured' under any other liability 'policy' providing 'auto' coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1)'Bodily injury' or'property damage' caused by an 'accident' that occurred before you acquired or formed the organization; or (2) Any such organization that is an 'insured' under any other liability "policy" providing "auto' coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an 'insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an 'insured" under Section II Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. CNA63359XX (Ed. 04/12) Attachment Code: D583373 Certificate ID: 21039819 Workers Compensation And Employers Liability Insurance Policy Endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: 11/1/2024 Policy No: 7011509303 (AOS) Attachment Code: D583373 Certificate ID: 21039819 Workers Compensation And Employers Liability Insurance CNA Policy Endorsement I i/,`i�V"T`I' VAV,: W I I:'fu uilJ�:- :l ! r I I I.Ir�:� IiI IK9'i.(,�7'-1� � �:C?(�� �;il:;l�i�. — - -� This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No: 7018431689 (CA) Policy Effective Date: 11/1/2024 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 46 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Signature:Sm�. Email: allison.tidwell@fortworthtexas.gov