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HomeMy WebLinkAboutContract 63923CSC No. 63923 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: Lasater and Ranches East Park Improvements— Project No. 105870. 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 $130,000.00 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 Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 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. (2) In soils, foundation, groundwater, and other subsurface investigations, City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 2 of 15 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 deviation from the contract documents, the ENGINEER shall inform the CITY. City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 3 of 15 (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. I. Record Drawings City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 4 of 15 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. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 5 of 15 The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 6 of 15 A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (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 City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 7 of 15 ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance 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. City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 8 of 15 J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination (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 City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 9 of 15 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' personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, 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. City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 10 of 15 H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 11 of 15 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 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 City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 12 of 15 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. 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 City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 13 of 15 subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Doho Suwghdoff Dana Burghdoff (Sep 9, 20251�09:58 CDT) Dana Burghdoff Assistant City Manager BY: ENGINEER Westwood Professional Services, Inc. Brian O'Neill Vice President, Public Infrastructure Date: Date:_ 09/04/2025 �aoaw� ATTEST:° Jannette Goodall City Secretary APPROVAL R COMMENDED: 1TY By. SP SP ave Lewis Director, Park & Recreation jutMcElhany APPROVE AS O FORM AND LEGALITY By: Douglas Black (con a 2mG 1?.:%A:`J !'nT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No.: 25-0740 M&C Date: 8/12/2025 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Je ?ica Alvarado Park Planner City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 14 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Lasater & Ranches East Park Improvements Standard Agreement for Engineering Related Design Services Project No. 105870 Revised Date: August 18, 2025 Page 15 of 15 8/13/25, 8:56 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 8/12/2025 REFERENCE NO.. CODE: C TYPE: Official site of the City of Fort Worth, Texas FORT WORTI I **M&C 25- LOG NAME: 80LASATER AND 0740 RANCHES EAST PARKS CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7 and CD 10) Authorize Execution of an Engineering Agreement with Westwood Professional Services, Inc., in the Amount of $130,000.00 for Improvements at Lasater and Ranches East Parks RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Westwood Professional Services, Inc., in the amount of $130,000.00 for improvements at Lasater and Ranches East Parks (City Project No. 105870). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize an Engineering Agreement with Westwood Professional Services, Inc., in the amount of $130,000.00 for park improvements at both Lasater and Ranches East Parks. Lasater Park is a 25-acre park which was developed to provide parkland for the Lasater Addition subdivision. It is located south of Harmon Road and east of Blue Mound Road. Ranches East Park is an 18-acre park, located at 3801 Lazy River Ranch Road. The intent of this project is to perform site analysis, surveys and public meetings for the development of master plans for both parks. Park improvements may include playgrounds, site furnishings, walking trails, shelters to meet the needs of the communities. Funding is budgeted in the PARD Dedication Fees Fund for the Park & Recreation Department for the purpose of funding the FY2025 Lasater and Ranches East projects, as appropriated. Lasater Park is located in Council District 7 and Ranches East Park is located in Council District 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the FY25 Lasater & Ranches East (City Project No. 105870) within the PARD Dedication Fees Fund, and upon approval of the above recommendation and execution of the agreement. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for Citv Manaqer's Office by : Program Activity Budget Year Dana Burghdoff (8018) Reference # Amount (Chartfield 2) Oriqinatinq Department Head: Dave Lewis (5717) apps.cfwnet.org/council_packet/mc_review. asp?I D=33600&councildate=8/12/2025 112 8/13/25, 8:56 AM M&C Review Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 80LASATER AND RANCHES EAST PARKS funds avail.docx (CFW Internal) 801-asater and Ranches East Parks.xlsx (CFW Internal) Entitvinformation 20250703-012104.Ddf (CFW Internal) Form 1295 2025-06-04 Citv of Fort Worth.Ddf (CFW Internal) Lasater Location .Dnq (CFW Internal) Ranches East Location .Dna (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?I D=33600&councildate=8/12/2025 2/2 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 LASATER PARK & RANCHES EAST PARK PROJECT DESCRIPTION: The project consists of an overall park master plan for Lasater Park, approximately 25 acres, and Ranches East Park, approximately 18.52 acres, based on feedback and priorities identified in neighborhood meetings that Westwood will assist with the coordination of. This project will also include a partial topographic survey and one set of construction documents for a City of Fort Worth standard playground to be constructed at each park. Construction Documents and survey for any additional programming items identified in the master plan will be provided in a future phase and separated agreement. (PROJECT). BASIC SERVICES: PARTIAL TOPOGRAPHIC SURVEY Westwood will contract with a subconsultant to provide an on the ground survey of approximately 2.o acres of Lasater Park & Ranches East Park, at the locations identified on the master plan for a playground under the direct supervision of a Registered Professional Land Surveyor. 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. 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. 6/3/2025 Page 2 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services LANDSCAPE ARCHITECTURE ASSUMPTIONS AND EXCLUSIONS Below are shown the assumptions and qualifiers for the landscape architecture scope of work found herein. Assumptions: • Area of work is as shown in "Exhibit D" attached, approximately 25 Acres for Lasater Park and 18.52 Acres for Ranches East Park. • Project budget is based on a $700,000.00 Construction budget. • Scope of work includes an Overall Park Master Plan for each park and one set of construction documents for a City of Fort Worth standard playground at each park. Construction Documents and survey for any additional programming items identified in the master plan will be provided in a future phase and separated agreement. • Deliverables will include two (2) pdf master plans, one per park, and one set of construction documents that includes both park playgrounds. Exclusions: • Presentations, documents, or plans required for "Special Exceptions", Variances or Zoning changes required by the architectural or civil design solutions chosen by the Owner. • Multiple design alternatives beyond those described herein, or significant site plan revisions following acceptance at each given phase of review documents. • Vehicular paving. • 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, wayfinding and/or signs for buildings and vehicular circulation. • Site and/or ornamental lighting plans and electrical design. • LEED pursuit. • Structural footings or structural detailing for items with significant wind loads. • Site walls over 36" height and/or retaining walls less than 36" height with surcharges, or walls attached to architectural structures. • Development of CDs for any programmatic items besides a playground for each park. • Significant changes in scope or design direction following Owner comment responses by Westwood at each submittal. • Architectural design or guidelines. • Civil infrastructural planning, design, or specification. PLAN SUBMITTALS & COORDINATION MEETINGS A Landscape Architect from Westwood will attend meetings and or presentations to coordinate with other team members and the owner during the design phase. Plans and specifications will be submitted as outlined for Owner review in the submittals outlined below. Included in this item: Up to four (4) team coordination or presentation meetings during the design phase of the project to cover both parks. Official plan review submittals as follows: o One (1) concept plan review submittal for each park. Deliverables include: ■ Hand or digitally rendered plan view, on a 22" x 34", pdf of proposed overall design with precedent images, on a 22" x 34" pdf, of design intent. 6/3/2025 Page 3 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services o One (1) revised concept plan review submittal for each park. Deliverables include: ■ Hand or digitally rendered plan view, on a 22" x 34", pdf of proposed overall design with precedent images, on a 22" x 34" pdf, of design intent. o One (1) 30% (Schematic Design) plan review submittal. Deliverables include: ■ Overall black and white CAD plan showing program elements within the site and major materials or features. Sheets will include: a 22"x34" Cover Page, General Notes, Overall Landscape Plan (Hardscape & Planting), Demolition Plan. o One (1) 6o% Design Development plan review submittal. Deliverables include: ■ General Notes and Quantities Tables. ■ Tree Mitigation and Demolition Plan. ■ Hardscape Layout and Dimensioning Plan. ■ Grading and Drainage Plan. ■ Landscape Planting Plan. ■ Significant Site Sections/Elevations. o One (1) (go%) Construction Document plan review submittal. Deliverables include: ■ Advancement and refinement of 6o% plans. ■ Construction Details. ■ Technical Specifications. o One (1) Final Permit Drawings for City Building Permit. Deliverables include: ■ Signed and Sealed Construction Document Plans and Specifications. o One (1) "For Construction" set of drawings. Deliverables include: ■ Final Permit Drawings with any VE or required modifications. Not included in this item: • Major site changes after approval and review of the 6o% construction plans. • Items as specifically described in "Landscape Architecture Assumptions and Exclusions." FULL LANDSCAPE ARCHITECTURE PLAN SERVICES Westwood will provide Landscape Architecture Design services that consists of hard and soft surface elements of the site on the ground plane, excluding vehicular paving. Elements typically include pedestrian paving, location of ornamental light fixtures, pedestrian handrails, exterior stairs and ramps, site furniture, fencing, mow curbs, landscape plantings, irrigation, prefab playground equipment and layout, prefab shade structures and seat walls/retaining walls. Included in this item: • Develop a park master plan concept for each park, with one revision, from the collated results of the neighborhood meeting/public charrette and city staff feedback. • Team meetings to coordinate with the design team as described in "Plan Submittals and Coordination Meetings." • Plan review submittals as described in "Plan Submittals and Coordination Meetings." • Full construction design and documentation with deliverables as previously described to a level that is sufficient to demonstrate design intent and allow the construction thereof, including materials and quantity schedules for one (1) standard playground at each park. Not included in this item: • Items as specifically described in "Landscape Architecture Assumptions and Exclusions." 6/3/2025 Page 4 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services PUBLIC INVOLVEMENT/NEIGHBORHOOD MEETING SERVICES Westwood will provide charrette workshop services that include assisting the owner to organize a Stakeholder Group and facilitating active exploration and discussion of the community's park goals, values, desires, and concerns, with a method focused on stakeholder surveys and polling, as well as visual/graphic aids. Results of the charrette will be collated, analyzed, and incorporated into a one page 81/2 x ii report. Included in this item: • One (1) concept work session, for each park, with the City in which Westwood staff will present initial "kickstart" programmatic ideas, precedent images, conceptual design elements, and other concepts for response and input from City staff. • One (1) public "charrette", or visioning workshop, for each park, in which Westwood staff will solicit comments, programmatic ideas, and other related concepts from interested stakeholders including neighborhood residents. • Westwood staff will develop one page report of the findings. • One (i) final meeting with residents, in which Westwood staff will present the final option and report. BASE FILE CREATION Westwood will prepare a working base file, for each park, in the absence of design survey data to be used for the conceptual park master plan. Included in this item: • Develop a schematic working base file from Lidar, digital CAD data, aerial photos and pdf document available to show the full limits of each park. • Site visit to verify existing conditions at locations subject to improvements. • Research and download existing plats/deeds/franchise utilities/easements for the site and show approximate locations in CAD. • This shall not be construed as an official boundary and topo survey of the entire limits of each park. TAS/TDLR REVIEW 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. Included in this item: • One (i) 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. Not included in this item: • Changes to plan sheets other than those representing deficiencies in the design identified by the RAS. • Fees for the review and inspection will be submitted as a reimbursable expense. 6/3/2025 Page 5 EXHIBIT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services LIMITED LANDSCAPE ARCHITECTURE BID PHASE SERVICES During the Bid Phase, Westwood will be available to provide coordination as required with prospective bidders. LIMITED LANDSCAPE 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, Planting and/or Irrigation 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 two (2) times. Recommended times for site visits could include: • Paving mockups and site formwork/reinforcing. • Testing of the irrigation main line and landscape drainage structures. • 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. • 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. REIMBURSABLE EXPENSES Included in this item are usual and customary expenses normally incurred during this type of project. These could include travel expenses, courier delivery charges, overnight delivery charges, copies of deeds, copies of existing plans and/or maps, photocopies, printing and reproduction (either in-house or by reproduction company). Application, review and filing fees are not included in this item. A copy of our "Standard Billing Rates for In -House Reimbursable Charges" is attached for your reference. END OF EXHIBIT `A' 6/3/2025 Page 6 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 LASATER PARK & RANCHES EAST PARK COMPENSATION: For all professional services included in EXHIBIT `A', Scope of Services, Westwood shall be compensated a lump sum fee of $130,000.00 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 Services A. Partial Topographic Survey $15,000.00 B. Plan Submittals & Coordination Meetings $8,000.00 C. Full Landscape Architecture Plan Services $78,000.00 D. Public Involvement/Neighborhood Meeting Services $9,000.00 E. Base File Creation $6,000.00 F. TAS/TDLR Review $2,000.00 G. Limited Landscape Bid Phase Services $2,000.00 H. Limited Landscape Construction Administration $8,000.00 I. Reimbursable Expenses 82,000.00 TOTAL $130,000.00 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 (io%). 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' 6/3/2025 Page 7 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Lasater & Ranches East Parks City Project No. 105870 <No Change to Standard Agreement> City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 COW Parks: Lasater/Ranches East Recommended Project Schedule Year 2 0 2 5 2 0 2 6 Month August r Task 0.0 City Council Approval Task r iject Kick-off Meeting :D �� E M ,. . ■■■■■■■■■■■■■■■■■■■■ ■■■ ■■■■■■■■■■■■■■ ■■■ �.. ■■■■■■■■■i ■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■ ■■■■ Neighborhood .et , :r ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Lasater Neighborhood Meeung 1 Ranches E.tNeighb.rh.d Meeting 1 �Neighborhood Meeting :rLasater ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Neighborhood Meeting 2 Ranches East Neighborhood Meeting 2 son NONE Develop let Draft (4 eeks) Concept Review with City Staff Adrj Final Approve I ■■■ 111 ■■ NE=.r.- ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■ 0% CD Production (4 weeks) 0% CD Production LASATER PARK Project Limits %ke vow 1 i"�v! r tee....► EXHIBIT E to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services EXHIBIT E — PROJECT LIMITS LASATER PARK M91 1 Legend `LLa Lasater Park LASATER PARK 6/3/2025 Page 9 EXHIBIT E to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services EXHIBIT E — PROJECT LIMITS RANCHES EAST PARK 6/3/2025 Page 10 EXHIBIT F to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services EXHIBIT F — INSURANCE A. Insurance. Westwood shall, during the life of this Agreement, maintain the following insurances: 1. Commercial General Liability (occurrence form not less than): $2,000,00o General Liability $2,000,000 Products and Completed Operations Aggregate $1,000,00o Personal and Advertising Injury $1,000,00o Each Occurrence $10,00o Medical Expense 2. Commercial Automobile Liability (all scheduled auto, hired and non -owned autos): $1,000,00o Combined Single Limit 3. Umbrella $5,000,00o Aggregate $5,000,00o Each Occurrence 4. Workers Compensation $1,000,00o Each Accident $1,000,00o Policy Limit $1,000,00o Each Employee Professional Liability Errors and Omissions Insurance. Westwood shall carry Professional Liability Errors and Omissions insurance with limited contractual liability in the amount of $2,000,000 per claim and in the aggregate for the duration of this Agreement. END OF EXHIBIT `C' 6/3/2025 Page 8 Attachment Code: D583373 Certificate ID: 22293612 CNA CNA PARAM NT BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COM LETED OPERATIONS COVERAGE ENDORSEMENT POLICY NO:7011509284 EFFECTIVE DATE: 11/1/2024 FORM: CNA75079XX (3-22) This endorsement modifies insurance provided under the following: role] LTA I LIFA I :ZyC1sr] A 104 I :L1M 1a1:7181taYK61T/:1:7aTe7:8J11:41 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: 22293612 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: 22293612 CNA PARAM NT Amendment -Additional Insured Limit Provisions This endorsement modifies insurance provided under the following: COM RCIAL 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 M "I Attachment Code: D583373 Certificate ID: 22293612 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: 22293612 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: 22293612 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: 22293612 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: 22293612 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 pate) is shown below, and expires concurrently Iith 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.