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HomeMy WebLinkAboutContract 64066CSC 64066 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"), fora PROJECT generally described as: Anderson, Lakepointe and Sendera Ranch Park Improvements— Project No.105866. 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 $223,500.00 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 Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 1 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 2 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. E. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. F. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 3 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 (3) deviation from the contract documents, the ENGINEER shall inform the CITY. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. G. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. H. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 4 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 I. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. J. 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 Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 5 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 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 respondeat 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 Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 6 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 7 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance 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 Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 8 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 9 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, 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 Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 10 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 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 Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 11 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 12 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 13 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 Date: Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Dana Burchdoff Dana Burghdoff (Oct 3, 202511. 57 CDT) Dana Burghdoff Assistant City Manager 10/03/2025 ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: t%y JY 13M Dave Lewis Director, Park & Recreation Department APPROVED AS TO FORM AND LEGALITY BY: Douglas Black (Oct 1, 2025 18:00:12 CDT) BY: ENGINEER Westwood Professional Services, Inc. Brian O'Neill, PE, CFM Vice President, Public Infrastructure Date: 09/16/2025 M&CNo.: 25-0737 Douglas W Black Sr. Assistant City Attorney M&C Date: 8/12/2025 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Blaise Grissom Park Planner City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 14 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 15 of 15 Anderson, Lakepointe, & Sendera Ranch Park Improvements CPN 105866 M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas Fo RT WORTH REFERENCE **MC 25- 80ANDERSON, LAKEPOINTE DATE: 8/12/2025 NO.: 0737 LOG NAME: AND SENDERA RANCH PARK IMPROVEMENTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7 and CD 10) Authorize Execution of a Standard Engineering Agreement with Westwood Professional Services, Inc. in an Amount Up to $223,500.00 for Design Services for Park Improvements at Anderson Park, Lakepointe Park, and Sendera Ranch Park RECOMMENDATION: It is recommended that the City Council authorize execution of a Standard Engineering Agreement with Westwood Professional Services, Inc. in an amount up to $223,500.00 for design services associated with park improvements at Anderson Park, Lakepointe Park and Sendera Ranch Park (City Project Number 105866). DISCUSSION: This Mayor and Council Communication (M&C) is to authorize an Engineering Agreement with Westwood Professional Services, Inc., in an amount up to $223,500.00, for design services associated with park improvements at three parks: Anderson Park, Lakepointe Park and Sendera Ranch Park. Project scope includes site analysis and applicable surveys, public meetings, and preliminary design documents. Park improvements may consist of, but are not limited to, playgrounds, picnic shelters, site furnishings, walking trails, security lighting, tree planting, and supporting infrastructure and equipment. Funding is budgeted in the PARD Dedication Fees Fund for the FY25 Anderson, Lakepointe, Sendera Ranch project, as appropriated. Anderson Park and Lakepointe Park are located in COUNCIL DISTRICT 7. Sendera Ranch Park is located in COUNCIL DISTRICT 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the PARD Dedication Fees Fund for the FY25 Anderson, Lakepoint, Send project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account I Project Program ID ID FROM Fund Department ID Account Project ID Program Activity Activity Budget Year Budget Year ( Reference # Chartfield 2) Amount Reference # (Chartfield 2) Amount http://apps.cfwnet.org/council packet/mc review.asp?ID=33597&councildate=8/12/2025 8/13/2025 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 80ANDERSON, LAKEPOINTE AND SENDERA RANCH PARK IMPROVEMENTS funds avail.pdf (CFW Internal) 80Anderson Lakepointe SenderaRanch FID.xlsx (CFW Internal) Anderson Park Site Map.pdf (Public) Form1295 Westwood.pdf (CFW Internal) Lakepointe Park Site Map.pdf (Public) Sendera Ranch Site Map.pdf (Public) http://apps.cfwnet.org/council packet/mc review.asp?ID=33597&councildate=8/12/2025 8/13/2025 ATTACHMENT A to Agreement between the City of Fort Worth, Texas ("Client")and Westwood Professional Services, Inc., ("Westwood") for Consulting Services ATTACHMENT 'A' — SCOPE OF SERVICES ANDERSON PARK PROJECT DESCRIPTION: The project consists of an overall park master plan and schematic design plans based on feedback and priorities identified in two neighborhood meetings that Westwood will assist with the coordination of. This project will also include a limited topo survey of the existing 54.6 acre city park that will be used to develop cost estimates and the schematic design plans. (PROJECT). BASIC SERVICES: TOPOGRAPHIC SURVEY Westwood will perform an on the ground survey of the property 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 50-foot grid in areas indicated on Attachment E and 20' off the edge of the existing trails. • 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. ATTACHMENT 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 "Attachment E" attached and approximately 54.6 Acres. • Project budget is based on $880,000.00 • Scope of work includes an Overall Park Master Plan and Schematic Design (3o% CDs). Final development of construction documents will be included in an additional service or separate agreement. 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 detail design in excess of determining the shape of the pool in plan and section views, and providing recommended material finishes. Detailed MEP design or structural basin requirements will be by others, or design -build consultant (hired by others) as coordinated with the landscape architect throughout the 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 beyond 3o% Schematic Design. • Construction Administration. • 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. • Construction specifications. 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. • Official plan review submittals as follows: o One (1) concept master plan review submittal. 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. ATTACHMENT 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 master plan review submittal. 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. Preliminary opinion of construction costs if requested. o One (1) 3o% (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. Preliminary opinion of construction costs if requested. 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, 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." • Construction design and documentation with deliverables as previously described to a Schematic Design level, including quantity schedules and cost estimate. Not included in this item: • Items as specifically described in "Landscape Architecture Assumptions and Exclusions." • Construction documents beyond a 3o% set. PUBLIC INVOLVEMENT/NEIGHBORHOOD MEETING SERVICES Westwood will provide charrette workshop services that include assisting the Client 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 8 1/2 x 11 report. Included in this item: • One (1) meeting with City staff to determine methods for the public involvement. Deliverable: Project schedule, contact list, organizational chart, meeting minutes; • One (1) concept work session with the public in which Westwood staff will present initial "kickstart" programmatic ideas, precedent images, conceptual design elements, and other concepts for response and input from the public. • One (1) public "charrette", or visioning workshop, 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 (1) Park Board Meeting Presentation to show the final community park masterplan for endorsement. ATTACHMENT A to Agreement between the City of Fort Worth, Texas ("Client")and Westwood Professional Services, Inc., ("Westwood") for Consulting Services ATTACHMENT 'A' — SCOPE OF SERVICES LAKEPOINTE PARK PROJECT DESCRIPTION: The project consists of an overall park master plan and schematic design plans based on feedback and priorities identified in two neighborhood meetings that Westwood will assist with the coordination of. This project will also include a limited topo survey of the existing 8.6 acre city park that will be used to develop cost estimates and the schematic design plans. (PROJECT). BASIC SERVICES: TOPOGRAPHIC SURVEY Westwood will perform an on the ground survey of the property 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 50-foot grid. • Contours on one foot intervals. • Top of curb and gutter elevations for paving on, and immediately adjacent to, the site. • 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. • Tree locations. • 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. ATTACHMENT 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 "Attachment E" and approximately 8.6 Acres. • Project budget is based on $286,000.00 • Scope of work includes an Overall Park Master Plan and Schematic Design (3o% CDs). Final development of construction documents will be included in an additional service or separate agreement. 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 detail design in excess of determining the shape of the pool in plan and section views, and providing recommended material finishes. Detailed MEP design or structural basin requirements will be by others, or design -build consultant (hired by others) as coordinated with the landscape architect throughout the 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 beyond 3o% Schematic Design. • Construction Administration. • 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. • Construction specifications. 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. • Official plan review submittals as follows: o One (1) concept master plan review submittal. 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. ATTACHMENT 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 master plan review submittal. 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. Preliminary opinion of construction costs if requested. o One (1) 3o% (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. Preliminary opinion of construction costs if requested. 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, 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." • Construction design and documentation with deliverables as previously described to a Schematic Design level, including quantity schedules and cost estimate. Not included in this item: • Items as specifically described in "Landscape Architecture Assumptions and Exclusions." • Construction documents beyond a 3o% set. PUBLIC INVOLVEMENT/NEIGHBORHOOD MEETING SERVICES Westwood will provide charrette workshop services that include assisting the Client 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 8 1/2 x 11 report. Included in this item: • One (1) meeting with City staff to determine methods for the public involvement. Deliverable: Project schedule, contact list, organizational chart, meeting minutes; • One (1) concept work session with the public in which Westwood staff will present initial "kickstart" programmatic ideas, precedent images, conceptual design elements, and other concepts for response and input from the public. • One (1) public "charrette", or visioning workshop, 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. ATTACHMENT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc., ("Westwood") for Consulting Services ATTACHMENT 'A' — SCOPE OF SERVICES SENDERA RANCH PARK PROJECT DESCRIPTION: The project consists of an overall park master plan and schematic design plans based on feedback and priorities identified in two neighborhood meetings that Westwood will assist with the coordination of. This project will also include a limited topo survey of the existing 34 acre city park that will be used to develop cost estimates and the schematic design plans. (PROJECT). BASIC SERVICES: TOPOGRAPHIC SURVEY Westwood will perform an on the ground survey of the property 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 50-foot grid in areas indicated on Attachment E and 20' off the edge of existing trails. • Contours on one foot intervals. • Top of curb and gutter elevations for paving on, and immediately adjacent to, the site. • Outline of heavily wooded areas only. • 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. ATTACHMENT 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 "Attachment E" and approximately 34 Acres. • Project budget is based on $768,000.00 • Scope of work includes an Overall Park Master Plan and Schematic Design (3o% CDs). Final development of construction documents will be included in an additional service or separate agreement. 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 detail design in excess of determining the shape of the pool in plan and section views, and providing recommended material finishes. Detailed MEP design or structural basin requirements will be by others, or design -build consultant (hired by others) as coordinated with the landscape architect throughout the 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 beyond 3o% Schematic Design. • Construction Administration. • 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. • Construction specifications. 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. • Official plan review submittals as follows: o One (1) concept master plan review submittal. 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. ATTACHMENT 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 master plan review submittal. 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. Preliminary opinion of construction costs if requested. o One (1) 3o% (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. Preliminary opinion of construction costs if requested. 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, 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." • Construction design and documentation with deliverables as previously described to a Schematic Design level, including quantity schedules and cost estimate. Not included in this item: • Items as specifically described in "Landscape Architecture Assumptions and Exclusions." • Construction documents beyond a 3o% set. PUBLIC INVOLVEMENT/NEIGHBORHOOD MEETING SERVICES Westwood will provide charrette workshop services that include assisting the Client 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 8 1/2 x 11 report. Included in this item: • One (1) meeting with City staff to determine methods for the public involvement. Deliverable: Project schedule, contact list, organizational chart, meeting minutes; • One (1) concept work session with the public in which Westwood staff will present initial "kickstart" programmatic ideas, precedent images, conceptual design elements, and other concepts for response and input from the public. • One (1) public "charrette", or visioning workshop, 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 (1) Park Board Meeting Presentation to show the final community park masterplan for endorsement. ATTACHMENT A to Agreement between the City of Fort Worth, Texas ("Client") and Westwood Professional Services, Inc.,("Westwood") for Consulting Services Services not included in this contract: • Construction services • Public hearings or City Council/Commission meetings • Environmental Site Assessments • Storm Water Pollution Prevention Plans (SWPPP) • Floodplain studies and permitting • Preliminary and final platting • Zoning change assistance • Traffic and parking studies • Design of screening walls, light pole bases, transformer or generator pads • Detailed layout of walks and hardscape areas, including scoring patterns • Design of any underfloor drainage systems or grading • Irrigation Plan • Signage Plan • Off -site roadway, drainage, and utility extensions/improvements • LEED pursuit END OF ATTACHMENT 'A' ATTACHMENT B COMPENSATION Design Services for Anderson, Lakepointe, and Sendera Ranch Park Improvements City Project No. 105866 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $223,500.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Park and Recreation Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Westwood Professional Services, Inc. $223,500.00 100% Proposed Sub -Consultants TOTAL $ 100% Project Number & Name Total Fee $ Sub Fee $ City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 3 of 3 B-3 cC E E co Project Manager: Professional Services Invoice (0 C0 C 0 0 0 E a 0 0 LL 0 0 0 0 0 Cl O J C O N 0 a CO CO 0 Ul 0 C d a _ N J City Sec Number: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. (Westwood Professional Servic Company Name: Remit Address 0 co 0 0 rn N 0 0 m W to N N 0) 0 0 0 0 0 0 69 0 0 oo e» 0 0 co 0 0 m N 0 0 W N Anderson Park Sendera Ranch Park Anderson Park Lakepointe Park Sendera Ranch Park 0 0 N ffl 0 N 69 0 0 10 N 69 Totals This Invoice Overall Percentage Spent: a 0 a c _ dN£ U c N a N U 7 IL 1- O ik 8 E a Z E o S N .y v a Z2 = a EwQQQ N u T U N tc • Gi O` W CO N N N CD LUU %%a a U�Ud ffdcco E Remaining Balance -8888 gggg Current Invoice Percent ($) Invoiced Spent Previously LTD Completed Amount Agreement Amount to Date $32,000.00 $60,000.00 $8,800.00 $2,000.00 Pay Items Agreement Amendment Amendment Description Amount Number Amount $32,000.00 $60,000.00 $8,800.00 $2,000.00 Topographic Survey Full Landscape Architecture Plan Public Involvment/Neighborhood Meeting Direct Expenses (Not to Exceed) Totals This Unit: Overall Percentage Spent: m • � N O L - W > V m � � w C _ 2 C W ` . O.O. u O • _ m T 3 N ci 6 C O • O = L O 1 INNO N LL U LL E L .6 N Ts 0 Q C CD a CO R U N x 05 — mOFLL d' u{ A a a c Q Y J Company Name: Wesiwo Remaining Balance 0 0 FAH N 0 V, V, Current Invoice Percent ($) Invoiced Spent Previously LTD Completed Amount Agreement Amount to Date $8,500.00 $26,000.0C. $5,400.00 $2,000.00 Pay Items Agreement Amendment Amendment Description Amount Number Amount O O O O F O o O oO a . V3 Topographic Survey — Full Landscape Architecture Plan Meeting Direct Expenses (Not to Exceed) Totals This Unit: Overall Percentage Spent: ( J Company Name: ) Remaining Balance $18,000.00 $50,000.00 88 28 Current Invoice Percent ($) Invoiced Spent Previously LTD Completed Amount Agreement Amount to Date $18,000.00 $50,000.00 88 88 Pay Items Agreement Amendment Amendment Description Amount Number Amount $18,000.00 $50,000.00 88 Topographic Survey Full Landscape Architecture Plan Public Involvement/Neighborhood Meeting Direct Expenses (Not to Exceed) Totals This Unit: Overall Percentage Complete: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Anderson, Lakepointe, & Sendera Ranch Park Improvements City Project No. 105866 None 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 CoFW Parks: Anderson/Lakepointe/Sendera Ranch Recommended Project Schedule 2 0 2 6 January February March April May June July 4 11 18 25 1 8 15 22 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 0 2 5 August September October November December 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 1 28 1 1 I Week City Council Approval Project Kickoff Meeting (TBD) Survey + Site Visits Fieldwork (3 weeks) Anderson Lakepointe Sendera Office Production (3 weeks) Anderson Lakepointe Sendera Site Visits (LA Team) (3 weeks) Anderson Lakepointe Sendera Public Input Meetings Production (Meeting Materials) Neighborhood Meeting 1 - TBD Anderson Neighborhood Meeting 1 Lakepointe Neighborhood Meeting 1 Sendera Ranch Neighborhood Meeting 1 Neighborhood Meeting 2 - TBD Anderson Neighborhood Meeting 2 Lakepointe Neighborhood Meeting 2 Sendera Ranch Neighborhood Meeting 2 Conceptual Master Plan Develop 1st Draft (5 weeks) Concept Review with City Staff Address Final Comments (3 weeks) Final Approval Construction Documents (up to 30%) CD Production (5 weeks) Submittal Meeting w/City Revision (4 weeks) Final deliverable Task 0.0 Task 0.1 Task 1.0 Task 1.1 Task 1.2.1 Task 1.2.2 Task 1.2.3 Task 1.3 Task 1.3.3 Task 2.0 Task 2.1 Task 2.2 Task 2.2.1 Task 2.2.2 Task 2.2.3 Task 2.3 Task 2.3.1 Task 2.3.2 Task 2.3.2 Task 3.0 Task 4.1 Task 4.2 Task 4.3 Task 4.4 Task 4.0 Task 4.1 Task 4.1 Task 4.1 Task 4.1 Task 4.1 ATTACHMENT E to Agreement between the City of Fort Worth, Texas ("City") and Westwood Professional Services, Inc., ("Consultant") for Professional Services ANDERSON PARK— PROJECT LIMITS 5052 Cromwell Marine Creek Rd., Fort Worth, TX 76179 PROJECT LIMITS AREAS FOR SPOI _i±VAIIONS flN A r') F" GRID PROJECT LIMITS ATTACHMENT E to Agreement between the City of Fort Worth, Texas ("City") and Westwood Professional Services, Inc., ("Consultant") for Professional Services LAKEPOINTE PARK— PROJECT LIMITS 6028 Mountain Bluff Dr., Fort Worth, TX 76179 rr ATTACHMENT E to Agreement between the City of Fort Worth, Texas ("City") and Westwood Professional Services, Inc., ("Consultant") for Professional Services SENDERA RANCH PARK — PROJECT LIMITS 14151 Sendera Ranch Blvd., Fort Worth, TX 76052 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. g. j. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 AccoRD v I` CERTIFICATE OF LIABILITY INSURANCE 11/1/2025 DATE (MMIDD/YYYY) 8/14/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC DBA Lockton Insurance Brokers, LLC in CA CA license #0F15767 444 W. 47th St., Ste. 900 Kansas City MO 64112-1906 (816) 960-9000 kcasu@lockton.com CONTACT PHONE FAX Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Continental Casualty Company 20443 INSURED WESTWOOD PROFESSIONAL SERVICES, INC. 1487133 2805 NORTH DALLAS PARKWAY, SUITE 150 PLANO TX 75093 INSURER B : The Continental Insurance Company 35289 INSURER C :National Fire Insurance Co of Hartford 20478 INSURER D : Valley Forge Insurance Company 20508 INSURER E : INSURER F : CERTIFICATE NUMBER: 22291612 REVISION NUMBER: XXXXXXX• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 7011509284 11/1/2024 11/1/2025 EACH OCCURRENCE $ 2,000,000 $ 1,000,000 $ 15,000 DAMAGE TO RENTED PREMISES (Ea occurrence) CLAIMS -MADE X OCCUR MED EXP (Any one person) X CONT LIAB; XCU PERSONAL & ADV INJURY $ 2,000,000 $ 4,000,000 $ 4,000,000 $ X GEN'L STOP AGGREGATE POLICY OTHER: GAP X OH,ND,WA,WY LIMIT APPLIES JECT X • PER: LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG C AUTOMOBILE x _ X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY COMP $1,00C _ X SCHEDULED AUTOS NON -OWNED AUTOS ONLY COLL $1,000 Y Y 7011509298 11/1/2024 11/1/2025 COMaccidBINEDent)SINGLE LIMIT (Ea $ 1,000,000 $ XXXXXXX BODILY INJURY (Per person) BODILY INJURY (Per accident) $ XXXXXXX DAMAGE PROPERTYr accident) $ {XXXXXX $ XXXXXXX B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y 7011509317 11/1/2024 11/1/2025 EACH OCCURRENCE $ 5,000,000 $ 5,000,000 $ XXX��'XXXX X AGGREGATE DED RETENTION $ $0 D B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A Y 7011509303 1509303 AOS) 7018431689�CA) 11/1/2024 11/1/2024 11/1/2025 11/1/2025 X PER STATUTE H ER E.L. EACH ACCIDENT $ 1,000,000 $ 1,000,000 $ 1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A PROFESSIONAL LIAB INCL POLLUTION N Y AEH591925173 11/1/2024 11/1/2025 PER CLAIM $5,000,000 AGGREGATE $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: ANDERSON, LAKEPOINTE, & SENDERA RANCH PARK IMPROVEMENTS - CPN 105866. CITY AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHERS AS REQUIRED BY CONTRACT DOCUMENTS IS/ARE ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AS RESPECTS GENERAL, AUTO & UMBRELLA LIABILITY IF REQUIRED BY WRITTEN CONTRACT AND PER THE ATTACHED FORMS. A WAIVER OF SUBROGATION APPLIES TO GENERAL, AUTO, UMBRELLA, PROFESSIONAL & WORK COMP./EMPLOYER'S LIABILITY, WHERE ALLOWED BY STATE LAW, IF REQUIRED BY WRITTEN CONTRACT & PER THE ATTACHED FORMS. 30 DAY NOTICE OF CANCELLATION (10 DAYS NON-PAYMENT) APPLIES. CERTIFICATE HOLDER 22293612 CITY OF FORT WORTH 100 FORT WORTH TRAIL FORT WORTH TX 76102 CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV ©1988015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D583373 Certificate ID: 22293612 CNA POLICY NO: 7011509284 EFFECTIVE DATE: 11/1/2024 FORM: CNA75079XX (3-22) CNA PARAMOUNT BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE ENDORSEMENT 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: 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. VIII. 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 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: 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 Toss. 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 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 CNA63359XX (Ed. 04/12) 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 DNA 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. Attachment Code: D583373 Certificate ID: 22293612 CNA POLICY NO: 7011509284 EFFECTIVE DATE: 11/1/2024 FORM: CNA75079XX (3-22) CNA PARAMOUNT BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE ENDORSEMENT 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: 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. VIII. 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 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: 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 Toss. 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 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 CNA63359XX (Ed. 04/12) 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 DNA 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.