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HomeMy WebLinkAboutContract 63795OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Secretary Contract No. 63795 CONSTRUCTION ASSISTANCE SERVICES AGREEMENT FOR NORTH BEACH STREET AND CHAMPIONS VIEW PARKWAY TRAFFIC SIGNAL BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC This CONSTRUCTION ASSISTANCE SERVICES AGREEMENT FOR NORTH BEACH STREET AND CHAMPIONS VIEW PARKWAY TRAFFIC SIGNAL ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a Texas home -rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Hillwood Alliance Services, LLC ("HAS"), a Texas limited liability company, acting by and through its duly authorized representative. City and HAS are each individually referred to herein as a "party" and collectively referred to as the "parties." WHEREAS, City desires to construct intersection improvements to include pedestrian crosswalk improvements and a traffic signal at the intersection of North Beach Street and Champions View Parkway ("Intersection Improvements"); and WHEREAS, the Intersection Improvements include the demolition and reconstruction of the northbound and southbound left turn lanes; and WHEREAS, HAS previously entered into a contract with Westwood Professional Services, Inc. ("Westwood") for design services for the Intersection Improvements (the "Design Contract") resulting in engineering drawings and documents prepared for the Intersection Improvements (the "Design Documents"); and WHEREAS, HAS has agreed to assign, pursuant to a separate Assignment of Select Portions Agreement ("Assignment Agreement") the Design Documents to City so that City may install the Intersection Improvements; and WHEREAS, pursuant to the Assignment Agreement, HAS retains certain contractual rights of the Design Contract; and WHEREAS, HAS shall fund additional design costs which may arise as a result of City's installation of the Intersection Improvements, up to an amount of $50,000.00, for Westwood to perform general design assistance services, such as responding to questions from the City or its contractor, reviewing submittals, revising design documents if necessary, site visits and providing as -built drawings to facilitate construction of the project; and WHEREAS, City shall manage the procurement of and payment for the cost of constructing the Intersection Improvements; NOW, THEREFORE, for and in consideration of the above recitals and covenants and CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 1 of 10 FOR NORTH BEACH STREET AND CHAMPIONS VIEW PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC conditions contained herein, the City and HAS do hereby agree as follows: 1. Scope HAS shall pay for construction assistance services performed by Westwood, in an amount up to $50,000.00, to achieve final design and during construction of the Intersection Improvements ("Services") as more specifically described in the Scope of Services, which is attached hereto as Exhibit A and incorporated herein for all purposes. 2. Term The Term shall begin upon execution of this agreement by the party whose signature makes this document fully executed ("Effective Date") and shall expire when the work is complete or on March 30, 2026, whichever occurs earlier ("Expiration Date"), unless terminated earlier in accordance with the provisions of this Agreement or otherwise extended by the parties, in writing. 3. Consideration HAS shall not receive any monetary compensation from the City for facilitating the Services. 4. Termination 4.1. Written Notice. City or HAS 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 to fund the City's obligations under this Agreement, City will notify HAS of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, HAS shall continue to provide the City with Services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, HAS shall provide the City with copies of all completed or partially completed documents prepared under this Agreement and in HAS's possession or control. In the event HAS has received access to City information or data as a requirement to perform the Services hereunder, HAS shall return all City provided data to the City in a machine-readable format or the format in which it was received by HAS. 5. Design of Intersection Improvements HAS, through the Design Contract with Westwood, has paid for the Design Documents for the Intersection Improvements up to the date of the Assignment Agreement. The Design Documents shall comply with the City of Fort Worth's design standards for similar project types. HAS recognizes that there may be additional design work associated with for example, change CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 2 of 10 FOR NORTH BEACH STREET AND CHAMPIONS VIEW PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC orders, any construction phases engineering services and any response to Requests for Information (RFI) from the contractor. HAS shall remain liable to Westwood for any outstanding invoices under the Design Contract as of the effective date and for additional fees and payments up to $50,000.00 due to Westwood as a result of City's construction of the Intersection Improvements. City has reviewed and accepted for construction the Design Documents. 6. Easements 6.1 The City will obtain additional easements if necessary for the construction of the Intersection Improvements. 7. Construction of Intersection Improvements City shall procure and contract with the construction contractor(s) to construct the Intersection Improvements in accordance with its standard procurement practices. The contractor(s) must meet City's requirements for pre -qualification (if required), insurance, licensing (if required) and bonding. Except as otherwise provided herein, City shall be the final decision maker with regard to the construction of the Intersection Improvements. 8. Funding of Construction Costs and Fees City will fund the construction costs for the Intersection Improvements and will pay the construction contractor(s) for constructing the Intersection Improvements. City shall pay all costs for material testing and inspection for the construction of the Project. The City has appropriated $2,750,000.00 for the Intersection Improvements. 9. Right to Audit HAS agrees that the City shall, until the expiration of three (3) years after expiration of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of HAS involving transactions relating to this Agreement at no additional cost to the City. HAS agrees that the City shall have access during nonnal working hours to HAS's office at 9800 Hillwood Parkway, Suite 300, Fort Worth, Texas 76177, and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give HAS not less than 10 days written notice of any intended audits. 10. Independent Contractor It is expressly understood and agreed that HAS shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, HAS 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 and employees. HAS acknowledges that the doctrine of respondeat superior shall not apply as between the City, its CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 3 of 10 FOR NORTH BEACH STREET AND CHAMPIONS VIEW PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC officers, agents, servants and employees, and HAS, its officers, agents, servants and employees. HAS further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and HAS. It is further understood that the City shall in no way be considered a Co -employer or a Joint employer of HAS or any officers, agents, servants, or employees of HAS. Neither HAS, nor any officers, agents, servants or employees of HAS shall be entitled to any employment benefits from the City. HAS shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers and employees. 11. Assignment and Subcontracting Except as otherwise permitted in this Agreement, HAS shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City and on terms and conditions acceptable to HAS, the City and the assignee. 12. Insurance 13.1 HAS shall ensure that Westwood carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: Commercial General Liability with a combined limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate limit. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverages. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 2. Automobile Liability: A commercial business policy shall provide coverage on "Any Auto", defined as auto owner, hired and non -owned and shall be in an amount not less than the following amounts: $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person/ $500,000 Bodily Injury per accident / $100,000 Property Damage 3. Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by statute. 13.2 General Insurance Requirements: All applicable policies shall naive the City as an additional insured thereon, as its interests may appear. The tenn City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted Services. CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 4 of 10 FOR NORTH BEACH STREET AND CHAMPIONS VIEW PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC 2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 3. Omitted. 4. 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. 5. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 6. Certificates of Insurance evidencing that Westwood has obtained all required insurance shall be delivered to and approved by the City's Risk Management Division promptly after execution of this Agreement. 14. Compliance with Laws, Ordinances, Rules and Regulations HAS agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations in providing the Services under this Agreement. If the City notifies HAS of any violation of such laws, ordinances, rules or regulations, HAS shall immediately desist from and correct the violation. 15. Non -Discrimination Covenant HAS, as part of the consideration herein, agrees that in the performance of HAS'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 HAS, HAS agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 16. Notices 16.1 Notices required pursuant to the provisions of this Agreement shall be conclusively detennined to have been delivered to the other party when (1) hand -delivered. (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by United States Mail, registered, return receipt requested, addressed as follows: TO THE CITY: Transportation & Public Works Dept. Attn: Fanta Kaba City of Fort Worth 100 Fort Worth Trail Fort Worth TX 76102 City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 5 of 10 FOR NORTH BEACH STREET AND CHAMPIONS VIEW PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC TO HAS: Hillwood Alliance Services, LLC Attn: Associate General Counsel Hillwood Alliance Services, LLC 9800 Hillwood Parkway, Suite 300 Attn: Eric Elrod Fort Worth, TX 76177 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 With copy to: 16.2 Any notice of default or termination must be provided by one party to the other party in accordance with subsection 16.1. 17. Governmental Powers and Immunities With respect to any claims from any person or entity that is not a party executing this Agreement, it is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 18. No Waiver The failure of the City or HAS 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 the City's or HAS's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. Governing Law and 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 on the basis of 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. 20. 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. 21. Force Majeure The City and HAS shall exercise commercially reasonable 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 CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 6 of 10 FOR INTERMODAL PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 22. Headings Not Controlling Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 23. Review of Counsel The parties acknowledge that each party and its counsel have reviewed 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 hereto. 24. Amendments No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, and duly executed by an authorized representative of each parry. 25. Entirety of Agreement This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and HAS, 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. 26. Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. An executed Agreement, modification, amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. 27. Immigration & Nationality Act The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. HAS shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Upon request by City, HAS shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all HAS employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who perfonns work CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 9 of 10 FOR INTERMODAL PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC under this Agreement. HAS shall establish appropriate procedures and controls so that no Services will be performed by any HAS employee who is not legally eligible to perform such services. HAS shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by HAS. 28. Third Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and HAS, and their lawful successors or assigns, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 29. Limitation of HAS's Responsibility. Notwithstanding anything in this Agreement to the contrary, HAS shall not be responsible for providing professional services that fall within the scope of services customarily performed by professionals such as architects, engineers, lawyers and/or accountants. Other than as expressly provided in this Agreement, HAS shall not be required to enter into agreements, obligations or other undertakings in its own name to fulfill HAS's obligations under this Agreement. In addition, the parties acknowledge and agree that: 29.1 HAS' duties and responsibilities hereunder with respect to the Services and the Intersection Improvements consist only in funding and facilitating communication between City and Westwood regarding the Design Documents for the Intersection Improvements in accordance with the terms of this Agreement. 29.2 HAS is not itself preparing any architectural or engineering plans, designs, specifications or perfonning any construction required for the development or completion of the Intersection Improvements, and HAS is not responsible for the means and methods of design or construction of the Intersection Improvements. Additionally, the City is not itself preparing the engineering plans, designs, specifications or performing any construction required for the development or completion of the Intersection Improvements, and City is not responsible for the means and methods of design or construction of the Intersection Improvements. The City's review of the engineering plans is limited to ensuring that the engineering plans prepared by Westwood comply with the City's policies, specifications, and requirements. 29.3 HAS is not a guarantor or insurer of any work to be performed by any other party in connection with the planning, design, construction and completion of the Intersection Improvements; and HAS is not responsible for, and will not be liable for, any work, act, omission, negligence, gross negligence or intentional misconduct of any other party employed by the City or performing work for the City in connection with the Intersection Improvements. 29.4 HAS' participation, if any, in the preparation of any budgets or schedule for the Intersection Improvements, and revisions and supplements thereto, and in the preparation of any cost or time projections which may be desired in connection with any budgets or schedule, shall not in any way be construed as guaranteeing the figures or results shown in any such budgets or CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 9 of 10 FOR INTERMODAL PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC projections or the time periods for completion of the Intersection Improvements (or portions thereof) in accordance with the terms of any such schedule or time projections. 29.5 HAS shall have no obligation for Intersection Improvements costs (other than HAS' obligation to fund design costs as set forth in Sections 1 and 5 above). EXECUTED to be effective on the date set forth in Section 2. CITY OF FORT WORTH: Jesica McEachem Assistant City Manager Date: 08/10/25 Recommended by: Lauren Prieur (Aug 5, 2025 08:51:35 CDT) Lauren Prieur, PE Director, Transportation and Public Works Department APPROVED AS TO LEGALITY: Douglas Black (Aug 7, 2025 23:01:37 CDT) Douglas W. Black Sr. Assistant City Attorney FORM AND CONTRACT AUTHORIZATION: M&C: N/A Form 1295: N/A a Qf on> na aF a o a0000 � a It o $ pp.10 ATTEST: Jannette S. Goodall City Secretary Date: 08/11 /25 HILLWOOD ALLIANCE SERVICES, LLC VName: Eric Elrod Title: Senior VP Date: 07/22/25 City Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfornlance and reporting requirements. Fan+a Kaba Fanta Kaba A,[ 25, 2025 09:4938 CDT Fanta Kaba, PE, PTOE Transportation and Public Works Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 9 of 10 FOR INTERMODAL PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC EXHIBIT A SCOPE OF SERVICES HAS shall provide additional funding for and access to, by City or its contractor(s), Westwood for construction assistance services during the final design and construction of the Intersection Improvements. The Services include, but are not necessarily limited to, the following: The Services Engineer shall provide to the City shall include, but are not limited to, the following: 1. Attend the preconstruction meeting to be scheduled by the City. 2. Review materials and other construction submittals as necessary. 3. Assist with review of construction progress payments. 4. Visit the construction site periodically, as requested by City staff, or a minimum of every other week, to monitor progress and inspect construction for conformance with construction documents. 5. Issue construction progress reports as requested by City staff. 6. Review contractor's Request for Inforination (RFI) and recommend action to City as appropriate. Provide clarification and/or additional or revised design drawings, quantity checks or any other materials necessary to address RFI's. 7. Review contractor's Change Order Requests and recommend action to the City as appropriate. 8. Assist with entitlement and permitting related issues (such as TDLR). 9. Attend final inspection and assist the City with issuing the correction punch list. 10. Upon completion of construction ofthe Roadway Improvements, provide the City with as -built drawings in conformance with City standards and specifications. 11. Assist with project close-out for final City Acceptance. CONSTRUCTION ASSISTANCE SERVICES AGREEMENT Page 10 of 10 FOR INTERMODAL PARKWAY BETWEEN THE CITY OF FORT WORTH AND HILLWOOD ALLIANCE SERVICES, LLC Attachment Code: D583373 Certificate ID: 22221856 CNA CNA PARAMOUNT BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE ENDORSEMENT POLICY NO: 7011509284 EFFECTIVE DATE: 11/1/2024 FORM: CNA75079XX (3-22) 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. II. 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, 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 Attachment Code: D583373 Certificate ID: 22221856 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. 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. POLICY NO: 7011509284 EFFECTIVE DATE: 11/1/2024 FORM: CNA75079XX (3-22) Attachment Code: D583373 Certificate ID: 22221856 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 Form Number: CNA91567XX 03-18 Effective Date: 11 /1 /2024 Attachment Code: D583373 Certificate ID: 22221856 Business Auto Policy Policy Endorsement B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. 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: 22221856 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: 22221856 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 II, 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: 22221856 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: 22221856 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement 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. FORT WORTH, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: N Beach St & Champions View Pkwy Traffic Signal - Construction Assistance Services Agreement M&C: N/A CPN: 105374 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Eric Elrod Hillwood E� 07/22/25 2. Fanta Kaba TPW FK K 07/25/25 3. Donnette Murphy Risk Mgmt DM 07/25/25 4. Lauren Prieur TPW ?�„—, 08/05/25 5. Doug Black Legal 08/07/25 6. Jesica McEachern ougBlack CMO CA 08/10/25 7 Jannette Goodall CSO ` 08/11/25 8 TPW Contracts TPW 9 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ❑YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ECertificate of Insurance ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(u,fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!