HomeMy WebLinkAboutContract 55242 4:14 pm CSC No. 55242
Feb 2,2021
DESIGN PROCUREMENT AGREEMENT
FOR
NORTHPOINTE—NORTHSIDE 4 (NS4) 24-INCH WATER LINE
This DESIGN PROCUREMENT AGREEMENT ("Agreement") is entered into by and
between the City of Fort Worth("City"),a home-rule municipal corporation of the State of Texas
("City"), acting herein by and through, its duly authorized Assistant City Manager, and Lennar
Homes of Texas Land and Construction,Ltd. a Texas limited liability company("Developer")
acting by and through its duly authorized representative. City and Developer are referred to herein
individually as a party and collectively as the parties.
Recitals
WHEREAS,Developer is required to make public infrastructure improvements in the City
of Fort Worth, Texas or its extraterritorial jurisdiction for a project generally referred to as
Northpointe —Northside 4 (NS4) 24-inch Water Line ("Project") as further described in Exhibit
"A"; and
WHEREAS, City desires to participate in a portion of the design and construction of the
Project in order to oversize the water line; and
WHEREAS, City and Developer desire to enter into this Design Procurement Agreement
for the design of the Project; and
WHEREAS, Developer has determined that Kimley-Horn and Associates, Inc. ("Design
Consultant") should provide the design of the Project based on demonstrated competence and
qualifications to perform the Design Consultant services for a fair and reasonable price; and
WHEREAS, City staff have reviewed the scope, fee and schedule for the design of the
Project and find them to be fair and reasonable; and
WHEREAS, Developer will initially fund the costs of Design Consultant and City will
reimburse Developer for the City's portion of the design up to a maximum amount of$139,155.21;
and
WHEREAS, Developer shall not earn a fee based upon the City's portion of the design
fees paid to Design Consultant; and
WHEREAS, City will construct the Project at City's expense and the Water Department
will request approval of the City Council to place a Water Main Capacity Charge on the water
main as outlined in this DPA;;
NOW, THEREFORE, for and in consideration of the above recitals and the mutual
covenants and agreements herein contained,the City and Developer agree as follows:
OFFICIAL RECORD
CITY SECRETARY
Design Procurement Agreement for Northpointe 24"Off-Site Water Line
Lennar Homes of Texas Land and Construction,Ltd FT.WORTH, TX
SECTION 1
GENERAL REQUIREMENTS
1.1 The Project will generally consist of certain public infrastructure in the form of a public
water line as further described on Attached"A". The Project will consist of a proposed 24-
inch water line, beginning at the west side of the intersection of Old Decatur Road and
future Heritage Trace Parkway. The line will continue for 10,210 linear feet ending at Park
Drive. Developer needs an 8-inch water main for Developer's project to provide 0.66
million gallons per day (MGD) in order to supply water to the Northpointe development
that is the subject of Preliminary Plat PP 19-003. The City desires to oversize 7,700 linear
feet of the 8-inch water main to a 24-inch water main beginning at Park Drive and
continuing to the east property line of Northpointe Phase 1, in order to provide a total of
14.1 MGD("Shared Line"). Therefore,City's portion of the cost to design the Shared Line
shall be 95.3% ("City's Share") and Developer's portion of the cost of the Shared Line
shall be 4.7% ("Developer's Share"). The remaining 2,510 linear feet of the proposed 24-
inch water main will be designed at 100% City's cost("100% City Participation Line").
1.2 Developer will retain Kimley-Horn and Associates, Inc. as the Design Consult for the
Project pursuant to a written agreement attached hereto as Exhibit"B".
1.3 The Design Consultant shall provide a set of engineering drawings, renderings, contract
specifications,estimates,and other documents necessary to construct the Project. The City
shall pay to Developer the City's Share of the costs for the Construction Documents in an
amount not to exceed $139.155.21. City's total liability to Developer pursuant to this
Agreement shall not exceed $139,155.21. Developer shall pay all other cost of Design
Engineer for the Construction Documents. Upon completion of the Construction
Documents by Design Engineer, Developer shall submit to the City a copy of all invoices
of Design Consultant and proof that Developer has paid Design Consult in full for the
Construction Documents. City shall pay the City's Share of the design costs to Developer
within 30 days after receiving the invoices and proof that Design Consultant has been paid
in full.
1.4 City shall have the ultimate right to approve or disapprove the Construction Documents.
1.5 Developer shall be responsible for obtaining all easements, TxDOT permits, railroad
permits, and other permits for the Shared Line. City shall pay the City's Share and
Developer shall pay the Developer's Share of the cost of easements and permits for the
Shared Line. City will be responsible for obtaining easements for the 100% City
Participation Line.
1.6 After approval of the design by the City, the City intends to construct the Project. City
makes no guarantee on the date that construction will be completed. Prior to City
proceeding to construction, Developer shall have the right to request that the Developer
construct the Project with City Participation for the City's portion of the Project. If
Developer constructs the Project, the Water Department will request that the City Council
place a Water Main Capacity Charge on the water main in order for the City's share of the
Design Procurement Agreement for Northpointe 24"Off-Site Water Line Page 2 of 14
Lennar Homes of Texas Land and Construction,Ltd
design, construction and other costs for the Project to be reimbursed back to the City. If
the Developer constructs the Project,the Water Department will not request that the Water
Main Capacity Charge on the water main reimburse Developer for any costs incurred by
Developer for the Project. If Developer constructs the Project, any estimated Water Main
Capacity Charge paid by Developer to the City pursuant to section 1.7 of this Agreement
will be refunded by the City to the Developer because Developer will be paying
Developer's share of the construction costs for the Project to the contractor when
Developer constructs the Project.
1.7 If the City constructs the Project with at 100% City's cost,the Water Department will seek
City Council approval to place a Water Main Capacity Charge on the water main. The
Water Department will request that the Water Main Capacity Charge for the Shared Line
excludes the Developer's Share of the Shared Line. The Water Department intends for an
estimated Water Main Capacity Charge for the Shared Line—which excludes Developer's
portion of the design costs—be collected thirty days after execution of this Agreement for
all lots that will be provided service from the Northside 4 water line. The estimated Water
Main Capacity Charge paid by Developer will be based upon the Design Consultant's cost
estimate for the construction and easement costs and the estimated Water Main Capacity
Charge paid by Developer will be reconciled when the Water Main Capacity Charge for
the Shared Line is established based upon actual construction costs. If the estimated Water
Main Capacity Charge paid by Developer is less than the actual Water Main Capacity
Charge owed by Developer, Developer shall pay the difference to the City within thirty
days of receiving written notice from the City. The Water Department further intends for
the Water Main Capacity Charge for the 100% City Participation Line to be collected in
accordance with the City Code.
SECTION 2
TERMINATION
2.1 Termination. This Agreement may be terminated without cause by either party upon
delivery of written notice to the other party of such intent to terminate.
2.2 Ownership of Plans. City shall own the plans and other documents and work product
Design Consultant creates for the Project. In the event this Agreement is terminated, City
shall have the right to enter into an agreement with Design Consultant to complete Design
Consultant's services for the Project. Developer shall include the City's ownership right
in the plans and the City's right to enter into an agreement with Design Consultant to
complete the design in Developer's agreement with the Design Consultant.
2.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any
time during the term of the Agreement, the Fort Worth City Council fails to appropriate
funds sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate the portion of the Agreement regarding such obligations to be effective on the
later of. (i) delivery by the City to Developer of written notice of the City's intention to
terminate or (ii) the last date for which funding has been appropriated by the Fort Worth
City Council for the purposes set forth in this Agreement.
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Lennar Homes of Texas Land and Construction,Ltd
SECTION 3
FORCE MAJEURE
3.1 If either Party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of
public enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
commission,or agency of the United States or of any state; declaration of a state of disaster
or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of a Level Orange or Level Red Alert by the United States
Department of Homeland Security; any arrests and restraints; civil disturbances; or
explosions; or some other reason beyond the Party's reasonable control (collectively,
"Force Majeure Event"), the obligations so affected by such Force Majeure Event will be
suspended only during the continuance of such event.
SECTION 4
LIABILITY AND INDEMNIFICATION
4.1 DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCL UDING DEATH, TO ANYAND ALL PERSONS, OFANYKIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
DEVELOPER,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
4.2 DEVELOPER AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS,ACTIONS COSTS,AND EXPENSES OF ANY KIND,
INCLUDING,BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO DEVELOPER'S BUSINESS AND
ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING
DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I)
DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT; OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS(OTHER THAN THE CITY), OR SUBCONTRACTORS
RELATED TO THE PERFORMANCE OF THIS AGREEMENT;EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS,AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS,AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER
AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELYINACCORDANCE WITH THE LA WS OF THE STATE OF TEXAS.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF
TEXAS.
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Lennar Homes of Texas Land and Construction,Ltd
4.3 Developer's agreement with the Design Consultant shall include a release and indemnity in
favor of the City in substantially the following form:
"DESIGN CONSULTANT SHALL INDEMNIFY, HOLD HARMLESS
AND DEFEND THE CITY OF FORT WORTH AGAINST LIABILITY
FOR ANY DAMAGE CAUSED BY OR RESULTING FROM AN ACT
OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL
PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE DESIGN
CONSULTANT OR DESIGN CONSULTANT'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER
WHICH THE DESIGN CONSULTANT EXERCISES CONTROL."
SECTION 5
INSURANCE
5.1 Developer shall maintain the insurance requirements set forth in Exhibit "C", which is
attached hereto and incorporated herein for all purposes.
5.2 Developer shall require in its contract with Design Consultant that City is listed as an
additional insured on Design Consultant's insurance policy.
SECTION 6
NONDISCRIMINATION
6.1 Developer shall not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability, marital status, citizenship status, sexual
orientation or any other prohibited criteria in performing the services under this Agreement.
SECTION 7
VENUE AND CHOICE OF LAW
7.1 Developer and City agree that this Agreement shall be construed in accordance with the
laws of the State of Texas. If any action,whether real or asserted,at law or in equity,arises
on the basis of any provision of this Agreement, venue for such action shall lie in state
courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas—Fort Worth Division.
SECTION 8
THIRD-PARTY RIGHTS AND ASSIGNMENTS
8.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create
any rights, contractual or otherwise, to any other person or entity.
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Lennar Homes of Texas Land and Construction,Ltd
8.2 Developer agrees that it will not subcontract or assign all or any part of its rights,privileges
or duties hereunder without the prior written consent of the City, and any attempted
subcontract or assignment of same without such prior consent of the City shall be void.
SECTION 9
BINDING COVENANTS
9.1 Subject to the limitations contained herein,the covenants,conditions and agreements made
and entered into by the parties hereunder are declared to be for the benefit of and binding
on their respective successors, representatives and permitted assigns, if any.
SECTION 10
INDEPENDENT CONTRACTOR
10.1 Developer shall perform all work and services hereunder as an independent contractor,and
not as an officer, agent, servant or employee of the City. Developer shall have exclusive
control of, and the exclusive right to control the details of the work performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and omissions
of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein
shall be construed as creating a partnership or joint venture between the City and
Developer, its officers, agents, employees and subconsultants (or subcontractors), and
doctrine of respondent superior has no application as between the City and Developer
SECTION 11
AMENDMENTS, CAPTIONS,AND INTERPRETATION
11.1 Except as otherwise provided in this Agreement, the terms and provisions of this
Agreement may not be modified or amended except upon the written consent of both the
City and Developer.
11.2 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
11.3 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more
strongly for or against any party, regardless of the actual drafter of this Agreement.
SECTION 12
GOVERNMENTAL POWERS AND IMMUNITIES
12.1 It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
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Lennar Homes of Texas Land and Construction,Ltd
SECTION 13
AUTHORIZATION AND COUNTERPARTS
13.1 By executing this Agreement on behalf of Developer,the person signing below affirms that
he or she is authorized to execute this Agreement and that all representations made herein
with regard to the signer's identity, address, and legal status are true and correct.
13.2 This Agreement may be executed in several counterparts, each of which will be deemed an
original,but all of which together will constitute one and the same instrument.
SECTION 14
SEVERABILITY AND NO WAIVER
14.1 It is agreed that in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity of such covenant,
condition or provision shall in no way affect any other covenant, condition or provision,
and does not materially prejudice either Developer or City in connection with the rights
and obligations contained in the valid covenants, conditions or provisions of this
Agreement.
14.2 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that
party's right to insist upon appropriate performance or to assert any such right on any future
occasion.
SECTION 15
COMPLIANCE WITH LAWS
15.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules
and regulations, including, but not limited to, all provisions of the City's Charter and
ordinances, as amended.
15.2 If City notifies Developer or any of its officers, agents, employees, contractors,
subcontractors, licensees,volunteers, or invitees of any violation of such laws, ordinances,
rules or regulations, Developer shall immediately desist from and correct the violation.
SECTION 16
NOTICES
16.1 Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-
delivery or via U.S. Postal Service certified mail,postage prepaid, to the address of the other
party shown below:
To the City: To Developer:
Fort Worth Water Department Lennar Homes of Texas Land and
Attn: Construction, Ltd.
200 Texas Street 1707 Market Place Blvd#100
Design Procurement Agreement for Northpointe 24"Off-Site Water Line Page 7 of 14
Lennar Homes of Texas Land and Construction,Ltd
Fort Worth, Texas 76102 Irving, Texas 75063
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
And
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
SECTION 17
HEADINGS
17.1 The headings contained herein are for the convenience in reference and are not intended to
define or limit the scope of any provision of this Agreement.
SECTION 18
RIGHT TO AUDIT
18.1 Developer agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of the Architect involving transactions
relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give Developer reasonable advance notice of intended audits.
18.2 Developer shall include in its contract with the Design Consultant a right until the
expiration of three (3) years after final payment under this Agreement, to have access to
and the right to examine any directly pertinent books, documents, papers and records of
Design Consultant involving transactions relating to this Agreement and the agreement
between Developer and Design Consultant.The Design Consultant must agree that the City
shall have access during normal working hours to all necessary Design Consultant
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 Design
Consultant reasonable advance notice of intended audits.
SECTION 19
PROHIBIT ON BOYCOTTING ISRAEL
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Lennar Homes of Texas Land and Construction,Ltd
19.1 Developer acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services with a
company with 10 or more full-time employees that has a value of$100,000 or more that is
to be paid wholly or partly from public funds of the City 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 term"boycott Israel"and company have
the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By
signing this Agreement, Developer certifies that Developer's signature provides written
verification to the City that Developer:(1)does not boycott Israel;and(2)will not boycott
Israel during the term of this Agreement.
SECTION 20
SOLE AGREEMENT
20.1 This Agreement, including any exhibits attached hereto and any documents incorporated
herein, contains the entire understanding and agreement between the City and Developer,
and any lawful assign and successor of Developer, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with any provision of this Agreement.
(Remainder of Page Intentionally Left Blank)
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Lennar Homes of Texas Land and Construction,Ltd
IN WITNESS THEREOF, the parties have made and executed this Agreement to be
effective on the date signed by the Assistant City Manager.
CITY OF FORT WORTH: DEVELOPER
Lennar Homes of Texas Land and
Construction, Ltd.
DocuSigned by:
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Dana urgh o an 14, 1 06:45 CST
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Dana Burghdoff
Assistant City Manager
Jan 14,2021 1/7/2021
Date: Date:
RECOMMENDED BY:
C Hi ar e ,r(Janl 210 t8C
APPROVED AS TO FORM AND LEGALITY:
Pig M�(`yir�l[8YI
Richard A.Mc racken Jan 1 ,2 2109:04 )
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Richard A. McCracken p�oF°°°° °°�yad�
Sr. Assistant City Attorney a °
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ATTEST: d� °T°°°°°g per) Contract Compliance Manager:
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ld'I' zales,Assistant City Secretary By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including all
City Secretary performance and reporting requirements.
i
Feb 1,2021 SoonWong(anI 202108:26CST)
Date Name: Soon Wong
Title: Development Services- Water Section
AGREEMENT AUTHORIZATION:
M&C: 20-0672(9/15/20)
Date approved: Jan 13,2021
2020-640878 OFFICIAL RECORD
Form 1295: CITY SECRETARY
Design Procurement Agreement for Northpointe 24"Off-Site Water Line 1pFT.WORTH, TX
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EXHIBIT B
(AGREEMENT BETWEEN DEVELOPER AND ENGINEER)
Design Procurement Agreement for Northpointe 24"Off-Site Water Line Page 12 of 14
Lennar Homes of Texas Land and Construction,Ltd
DocuSign Envelope ID:E1709BF3-6995-47EA-9CA9-3276FB10E5D8
Kimley))) Horn
July 9, 2020
Mr. Justin Christ
Community Development Manager
Lennar Homes
1707 Market Place Blvd
Irving, TX 75063
RE: Professional Services Agreement
Northpointe—Northside 4(NS4)24"Waterline
Fort Worth, Tarrant County, TX
Dear Mr. Christ:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this letter
agreement (the "Agreement") to Lennar Homes ("the Client") for providing professional services for
the above referenced project located in the City of Fort Worth, Tarrant County, Texas. Our project
understanding, scope of services, schedule, and fee are below.
PROJECT UNDERSTANDING
Northpointe — Northside 4 (NS4) 24" Waterline is approximately 10,210 linear feet of 24-inch
Northside 4 water transmission main, which is part of the City of Fort Worth (City)Water Master Plan
Project No. N4-1 (see Exhibit "A" attached). The alignment will begin roughly in the median of
future Heritage Trace parkway just west of the Old Decatur Road Pavement. The line will extend west
approximately 2,470 linear feet to the proposed Northpointe single family development, and will
continue southwest for approximately 5,250 linear feet and then turn south and be located in the
southbound lanes of the future Phase 6 Collector for approximately 2,490 linear feet and terminate at
a planned 24-inch NS4 stub-out in Park Drive.
Other understandings and assumptions which this Agreement is based on include:
• The Project description and the Scope of Services provided in this Agreement are based on
the approved preliminary plat dated February 2019.
• Design of the Heritage Trace and Phase 6 Collector are provided under separate scope.
• Topographic survey was provided under separate scope.
• The design of this water transmission main will be limited to a single connection to the 24-
inch stub-out at Park Drive and will not include any additional connections.
• This scope is limited to the design of the waterline, only. Construction phase services,
bidding services, or construction staking are not included as timing of construction has not
been finalized.
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SCOPE OF SERVICES
TASK 1. DESIGN MANAGEMENT.
1.1. Project Management
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Conduct up to two progress and/or review meetings for 60%and 90%design submittals with
the Client and City.
• Prepare invoices and submit monthly in the format requested by the Client.
• Prepare for and attend alignment walkthrough with the Client and City Project Manager.
• Coordinate with other agencies and entities as necessary for the design of the proposed
infrastructure, and provide and obtain information needed to prepare the design
• Consultant will reference proposed improvements designed under separate agreement for
Heritage Trace Boulevard and Phase 6 Collector.
• With respect to coordination with permitting authorities, Consultant shall communicate with
permitting authorities such that their regulatory requirements are appropriately reflected in the
designs. Consultant shall work with regulatory authorities to obtain approval of the designs,
and make changes necessary to meet their requirements, as part of the design scope.
• Coordinate, prepare for, and conduct one public meeting at the completion of the 90% design
phase.
TASK 1 ASSUMPTIONS
• 2 design meetings with City Project Manager
• 1 site meeting for alignment walk with City Project Manager
• 1 Public Meeting at 90% design stage
TASK 1 DELIVERABLES
A. Meeting summaries with action items
B. Exhibits for Alignment Walkthrough (36"x48"overall exhibit)
C. Exhibits for Public Meeting
D. IPRC Submittals
E. Monthly invoices
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TASK 2. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to Client and City.
Consultant will develop the preliminary design of the infrastructure as follows.
2.1. Data Collection
• In addition to data obtained from the City, Consultant will research proposed
improvements in conjunction with any other planned future improvements that may
influence the project.
• Consultant will reference proposed improvements designed under separate
agreement for Heritage Trace Boulevard and Phase 6 Collector.
• The Consultant will also identify and seek to obtain data for existing conditions that may
impact the project including but not limited to; utilities, agencies (TxDOT and railroads),
City Master Plans, and property ownership as available from the Tax Assessor's office.
• Consultant will reference existing conditions as researched under separate
agreement for Heritage Trace Boulevard and Phase 6 Collector.
2.2. Easement Preparation: Consultant will prepare one (1) permanent water line easement, and
one (1)temporary construction easement by separate instrument for delivery to City.
Consultant will not assist City with appraisal or easement acquisition.
2.3. Development of Preliminary Design Drawings and Specifications shall include the following:
• Cover Sheet
• A Project Control Sheet, showing all Control Points, used or set while gathering data.
Generally, on a scale of not less than 1:400. The following information shall be indicated
for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod);
X,Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z
coordinate on City Datum only; descriptive location (for example, "set in the centerline of
the inlet in the South curb line of North Side Drive at the East end of radius at the
Southeast corner of North Side Drive and North Main Street").
• Overall project easement layout sheet(s)with property owner information. Showing
existing and proposed right-of-way and easements.
• Overall project water layout sheets. The water layout sheet shall identify the proposed
water main improvement/existing water mains in the vicinity and all water appurtenances
along with pressure plane boundaries, water tanks, pump stations, valves, fire hydrants,
water sampling test stations, poly pig insertion points, and poly pig removal points (wyes).
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the
same coordinate system as the Control Points.
• Bench marks per 1,000 ft of plan/profile sheet—two or more.
• Bearings given on all proposed centerlines, or baselines.
• Station equations relating utilities to paving, when appropriate.
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• Plan and profile sheets which show the following: proposed water plan/profile and pipe
size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves,
manholes, existing meter numbers and sizes that are to be replaced, existing sample
locations, existing fire line locations, existing utilities and utility easements, future Atmos
gas line within future Heritage Trace Parkway ROW, and all pertinent information needed
to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names)
along with property ownership shall be provided on the plan view.
• Geotechnical Boring Logs will be shown on preliminary design sheets for reference and
will be removed from final design plan sheets. Geotechnical information will be provided
as part of the Project Manual as an appendix.
2.4.Survey Staking for Alignment Walk
• Survey Staking will be established along the proposed alignment at approximately 200'
intervals to facilitate the alignment walkthrough with the City Project Manager.
2.5.Survey Staking for Easement Delineation
• Survey Staking will be provided if required by City, along both the proposed permanent
water line easement and temporary construction easement at approximately 200'
intervals to facilitate easement negotiations between the City and the private landowner.
Consultant will not assist with negotiations or meetings with private landowner.
2.6. Additional Topographic Survey
• Consultant will establish horizontal and vertical control for the project. The horizontal
control shall be on NAD83, Texas Central Zone surface coordinates using a TxDOT
surface factor of 1.00012 and the control shall be set at 500-foot intervals. The vertical
control shall be tied to existing TxDOT monument vertical datum (NAVD 1988) and
temporary benchmarks shall be set every 1,000 feet.
• Consultant will perform topographic survey approximately 100-feet wide for
approximately 2,470 linear feet between the Northpointe development and Old Decatur
Road, identifying readily visible existing features such as water valves, water meters,
driveways and street crossings, edge of pavement, fences, driveways, storm and sanitary
sewer manholes, sanitary sewer cleanouts, inlets, storm drain outfalls, trees 6" and
larger, tops and toes of slope, power poles, mailboxes, signs, telephone risers and any
other readily visible features, and location of underground utilities flagged by others (if
flagged prior to initial field work), and tie all surveyed features X, Y & Z along the
proposed route to project control.
• Consultant will provide property ownership and easement information for parcels
adjacent to proposed alignment and locate readily identifiable property corners adjacent
to the proposed alignment.
2.7.SUE (Subsurface Utility Engineering)
• Consultant will perform SUE Quality Level 'B' in an approximately 100-foot by 100-foot
area centered on the Old Decatur Road and Heritage Trace Intersection. Quality Level 'B'
consists of two-dimensional (x,y) information obtained through the application and
interpretation of non-destructive surface geophysical methods. This quality level will
provide the horizontal position of subsurface utilities within approximately one-foot.
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Utilities to be designated include gas, telecommunications, electric, traffic signals, storm,
water, and sanitary sewer.
2.8.Geotechnical Investigation
• An existing geotechnical analysis has already been performed within the Northpointe
development and will be incorporated into the water line design.
• An additional geotechnical analysis for the off-site water line design east of the
Northpointe development, will consist of soil investigations, including field and laboratory
tests, up to three (3) borings approximately 15-feet deep, related engineering analysis
and recommendations for determining soil conditions will be performed by the Client and
incorporated into the design. In addition to the above investigations, borings and
appropriate field and laboratory analysis will be made at reasonable intervals along the
project alignment for the Contractor's use in determining soil conditions for preparing bids
and a Trench Safety Plan.
2.8.Cathodic Protection Bid-Item
• Soil sampling and field resistivity testing will NOT be performed by Consultant.
• The cathodic protection bid item will include field analysis, design and construction of
proposed cathodic protection system.
2.9. Utility Clearance
• The Consultant will consult with the City's Transportation and Public Works Department,
Water Department, and other City departments, public utilities, private utilities, private
utilities and government agencies to determine the approximate location of above and
underground utilities, and other facilities (current and future)that have an impact or
influence on the project. Consultant will design City facilities to avoid or minimize
conflicts with existing utilities, and where known future utilities associated with the
Heritage Trace Boulevard and Phase 6 Collector project (designed under a separate
agreement) in water line design.
• The Consultant shall upload individual DWF files for each plan sheet of the approved
preliminary plan set to the designated project folder on City's website for forwarding to all
utility companies which have facilities within the limits of the project. The DWF files should
be created directly from the CAD files as opposed to PDF files.
TASK 2 ASSUMPTIONS
• 0 public meeting(s)will be conducted or attended during the preliminary design phase.
• 2 sets of full-size drawings will be delivered to Client and to City for the Preliminary Design
(60% design).
• 2 sets of specifications will be delivered to Client and to City for the Preliminary Design (60%
design).
• 1 set of PDF files for the drawings and the specifications (60% design)will be delivered via
email to the Client and the City.
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• DWF files created from design CAD drawings will be uploaded to the designated project
folder in City's website.
• The City's front end and technical specifications will be used. The Consultant shall
supplement the technical specifications if needed.
• 1 set of PDF drawings will be uploaded to City's BIM360 site for Utility Clearance.
• Consultant shall not proceed with Final Design activities until receiving comments and written
approval by the Client and City of the Preliminary Design plans.
TASK 2 DELIVERABLES
A. 60% Design drawings and specifications
B. Metes and bounds exhibits for two (2)easements
C. Utility Clearance drawings
D. Estimates of probable construction cost
TASK 3. FINAL DESIGN (90 PERCENT)AND FINAL CONSTRUCTION DOCUMENTS (100
PERCENT).
3.1 Upon approval of the Preliminary plans, Consultant will prepare construction plans as follows:
• Draft Final plans (90%)and specifications will be prepared incorporating Client and City
comments and shall be submitted to Client and City.Additional design items to be
included in the 90% submittal:
• Standard and special detail sheets for water line installation.These may include
connection details between various parts of the project, tunneling details, boring and
jacking details,waterline relocations, details unique to the construction of the project,
and trenchless details.
• Erosion Control Sheets and Details. Erosion control sheets and details will be prepared
to be incorporated into Contractor's SWPPP.
• Traffic Control Plan details will be created to accommodate water line connection in
Park Drive.
• Joint Restraint will be calculated for PVC, Ductile Iron, Concrete Pressure Pipe, and
Buried Steel Pipe in accordance with City Standard Specifications and industry
standard practice. These lengths will be indicated on the water line profiles.
• Following a 90% construction plan review meeting with the Client and City, the
Consultant shall submit Construction Documents (100%)to the Client and City. Each
plan sheet shall be stamped, dated, and signed by the Consultant registered in State of
Texas.
• The Consultant shall submit a final design opinion of probable construction cost with both
the 90% and 100% design packages. This estimate shall use standard City bid items
unless additional bid items are required.
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• The Consultant shall submit a list of anticipated shop drawings and submittals as part of
the 90% and 100% design packages.
TASK 3 ASSUMPTIONS
• 2 sets of full size drawings and 2 sets of half size drawings and 2 specifications will be
delivered for the 90% Design package.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder on the City's BIM 360 site.
• 4 sets of full size drawings and 4 sets of half size drawings and 4 specifications will be
delivered for the 100% Design package.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder on City's BIM 360 site.
1 set of 90% and 100% PDF drawings will be uploaded to City's BIM360 site.
1 set of 100% PDF drawings will be emailed to City's GIS group.
Final sheet list: cover, index and general notes, shutdown and phasing notes, control and
benchmarks, overall location and proposed sheet reference (water) (2), proposed easements,
water line plan and profile sheets (14), detail sheets(6), erosion control (3), traffic control
plan (2).
TASK 3 DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Detailed opinions of probable construction costs including summaries of bid items and
quantities using the City's standard bid items and format.
D. Shop drawing and submittal list.
E. Original cover mylar for the signatures of authorized City officials.
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ADDITIONAL SERVICES
In addition to certain items specifically discussed in the Project Understanding and Scope of Work
sections above, the following items are not included in this Agreement. The list is provided for
clarification and should not be considered to be exhaustive or limiting. Many of the items can be
provided by Kimley-Horn if necessary or requested as an additional service. Compensation for
additional services will be based on the then current hourly rate and actual time involved, or if
requested by either Client or Kimley-Horn, pursuant to an amendment of this agreement or a
separate agreement. Examples of additional services include the following:
A. Coordination, meetings, correspondence, etc. with Client or Client's other consultants and
contractors, adjacent property owners, utility providers, jurisdictional agencies, etc. for items not
related to Kimley-Horn's prosecution of the tasks or not included in the scope of services above.
B. Environmental site assessments, jurisdictional waters determinations, archeological
investigations, habitat studies, or related permitting and mitigation.
C. Analysis, negotiations, and processing associated with waiver and variance requests (none
anticipated at this time).
D. Coordination with the USACE, TCEQ, and other resource or regulatory agencies other than the
City of Fort Worth.
E. Construction phase services, such as construction permit applications, shop drawing reviews,
review of testing reports, construction inspection, observation and monitoring, facilities
agreements, dispute resolutions, and contract administration.
F. Separate instrument dedication or abandonment documents, descriptions, or processing, except
as included in the Scope of Services.
G. Construction staking.
H. Any item not specifically included in the Scope of Services.
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INFORMATION TO BE PROVIDED BY CLIENT
A. Soil borings or geotechnical report(prior to commencement if relevant to Kimley-Horn's design);
B. Special requirements and information that will impact Kimley-Horn's design and plan
preparation, such as phasing, lot grading criteria, pad dimensions, etc. (provided to Kimley-Horn
prior to commencement of design);
C. An executed copy of this agreement prior to commencement;
D. All fees and expenses associated with applications, permits, submittals, reviews, inspections,
etc. required to complete the design and construction of the Project.
The Consultant will rely upon the accuracy and completeness of all documents, surveys, reports,
plans and specifications provided by the Client or by others for whom the Consultant is not legally
responsible. The Client acknowledges that verifying the accuracy and completeness of such items is
not part of the Consultant's scope of services.
SUPPLEMENTAL TERMS AND CONDITIONS
Consultant shall indemnify, hold harmless and defend the City of Fort Worth against liability
for any damage to the extent the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier
committed by the Consultant or Consultant's agent, consultant under contract, or another
entity over which the Consultant exercises control, subject to the limitations in Texas Local
Government Code Section 271.904.
Client shall have a right until the expiration of three (3)years after final payment under this
Agreement, to have access to and the right to examine any directly pertinent books, documents,
papers and records of Consultant involving transactions relating to this Agreement and the agreement
between Client and Consultant. The Consultant must agree that the City shall have access during
normal working hours to all necessary Consultant facilities, and shall be provided adequate and
appropriate workspace, in order to conduct audits in compliance with the provisions of this section.
The City shall give Consultant reasonable advance notice of intended audits.
The City shall be listed as an additional insured on Consultant's commercial general liability and
business automobile liability insurance policies.
Ownership of Plans. City shall own the plans and other documents and work product Consultant
creates for the Project, provided Client has substantially performed its obligations, including prompt
payment of all sums when due Consultant, under this Agreement. In the event this Agreement is
terminated, City shall have the right to enter into an agreement with Consultant to complete
Consultant's services for the Project.
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FEE AND EXPENSES
Kimley-Horn will provide the tasks described above summarized below on a lump sum basis.
Civil Design (Prime Consultant) $ 130,265 (LS)
Topographic Survey(Sub Consultant) $ 8,975 (LS)
Subsurface Utility Engineering (Sub Consultant) $ 3,425 (LS)
Geotechnical Analysis (Sub Consultant) $ 3,200 (LS)
Total Fee $ 145,865
Employee mileage and reimbursable expenses (i.e., in-house plan printing not related to design and
submittals, outside reprographics, deliveries, courier service, travel, lodging, etc.)will be billed at cost
plus 15%. Any fees paid on behalf of Client, and at the request of Client, will be billed at cost plus
15%.
Interim project billing will be monthly, and payment will be due within 25 days of receipt of the invoice.
In the event invoices are not paid in a timely manner, Kimley-Horn will add interest to the outstanding
balance at a rate of 1% per month.
LENNAR HOMES KIMLEY-HORN AND ASSOCIATES, INC.
Docu Signed by: DS
Signature: 5v"
SI tln, ( VtSf
F'S4g
Justin Christ Mark Harris
Community Development Manager Vice President
7/24/2020
Date: Date:
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KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the
Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise
agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the
Consultant's then-current hourly rates plus an amount to cover certain direct expenses including
telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage.
Other direct expenses will be billed at 1.15 times cost.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law,the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit
instructions, receive information,and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the
project and all standards of development,design,or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as
surveys,engineering data,environmental information, etc., all of which the Consultant may rely upon.
(d) Arrange for access to the site and other property as required for the Consultant to provide its services.
(e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto
within a reasonable time so as not to delay the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and
approvals and consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by
Client.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that
affects the Consultant's services or any defect or noncompliance in any aspect of the project.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a
properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and
orderly progress through completion of the services. Times for performance shall be extended as necessary for
delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension
extends for more than six months, Consultant's compensation shall be renegotiated.
(4) Method of Payment. Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each
invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will
be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within
25 days at the rate of 12%per year beginning on the 25th day. If the Client fails to make any payment due under
this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may,
after giving notice to the Client,suspend services and withhold deliverables until all amounts due are paid.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay
Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to
secure payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of
receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due
and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due within
25 days of receipt.
(d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due,
its reasonable attorneys'fees, reasonable experts'fees, and other expenses related to the proceedings. Such
expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such
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proceedings by its employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The
Consultant may negotiate payment of any check tendered by the Client, even if the words"in full satisfaction" or
words intended to have similar effect appear on the check without such negotiation being an accord and
satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts
from the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the
services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under
this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on
extensions of this project or on any other project. Any modifications by the Client to any of the Consultant's
documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's
sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant
harmless from all claims, damages, losses and expenses, including but not limited to attorneys'fees, resulting
therefrom. The Consultant's electronic files and source code remain the property of the Consultant and shall be
provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an
electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In
the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the
documents prepared by the Consultant,the hardcopy shall govern.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or
services furnished by others, methods of determining prices, or competitive bidding or market conditions, any
opinions rendered as to costs, including but not limited to the costs of construction and materials, are made
solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not
guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater
assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services
required to bring costs within any limitation established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either
party upon seven days' written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof, or upon thirty days'written notice for the convenience of the terminating party.
The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination,
and other reasonable expenses incurred by the Consultant as a result of such termination.
(8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and
skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time
the services are provided. No warranty, express or implied, is made or intended by the Consultant's
performance of services,and it is agreed that the Consultant is not a fiduciary with respect to the Client.
(9) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE
PROJECT TO THE CLIENT AND THE CONSULTANT, THE RISKS ARE ALLOCATED SUCH THAT, TO THE
FULLEST EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL
LIABILITY, IN THE AGGREGATE, OF THE CONSULTANT AND THE CONSULTANT'S OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE
CLAIMING BY, THROUGH OR UNDER THE CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR
DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS
AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE,
PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT OR ANY
WARRANTY, EXPRESS OR IMPLIED, OF THE CONSULTANT OR THE CONSULTANT'S OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED TWICE THE TOTAL
COMPENSATION RECEIVED BY THE CONSULTANT UNDER THIS AGREEMENT OR$50,000, WHICHEVER
IS GREATER. HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL FEE. THIS
SECTION 9 IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT OR THOSE
CLAIMING BY OR THROUGH THE CLIENT, AND NOTHING IN THIS SECTION 9 SHALL REQUIRE THE
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CLIENT TO INDEMNIFY THE CONSULTANT.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of
profits.
(11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to unknown conditions or related to the failure of contractors to perform work in accordance
with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the
Client's decision to obtain bids or proceed with construction before the Consultant has issued final, fully-
approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial
revision until plans are fully approved and all permits obtained.
(12) Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters
that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would
cause the Consultant to violate applicable rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted
first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation.
Any mediation or civil action by Client must be commenced within two years of the accrual of the cause of action
asserted but in no event later than allowed by applicable statutes.
(14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler,
arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services
will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications
for isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous
substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected
portions of its services until the hazardous substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site
visits, the Client assumes all responsibility for interpretation of the documents and for construction observation,
and the Client waives any claims against the Consultant in any way connected thereto.
(b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment
choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any
authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the
purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its
contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither
guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its
work in accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not
expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state
that the contractor shall be solely responsible for job site safety and its means and methods;that the contractor
shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that
the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance
policy.
(16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or
benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken
pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not
assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of
services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to
augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market
conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for
services identified in the contract, regardless of whether the services are provided by in-house employees,
kimley-horn.com 13455 Noel Road, Two Galleria Tower, Suite 00 Dallas, TX 75240
%%FTWFILER01%Project03%TX_F r MData%FTW_UtilitiesID-LIASOMNorthpointe-24-Inch WUPPR2020-07-09_Revised_Northpointe PSA-24 NS4 WL.doc
DocuSign Envelope ID:E17O9BF3-6995-47EA-9CA9-3276FB10E5D8
Kim ey>>> Horn Page 14
contract employees,or independent subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the
project and to the use by the Consultant of facts, data and information obtained by the Consultant in the
performance of its services. If, however, any facts, data or information are specifically identified in writing by the
Client as confidential,the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This
Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and
contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except
as provided in Section 1,this Agreement can be supplemented or amended only by a written document executed
by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and
are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be
ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-
enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
kimley-horn.com 13455 Noel Road, Two Galleria Tower, Suite 700, Dallas, TX 75240
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EXHIBIT C
1.01 Duty to Acquire and Maintain. Developer shall ensure that a policy or policies of insurance
are procured and maintained at all times, in full force and effect, to provide coverage of the types
and amounts specified herein, naming the City as an additional insured as set forth herein, and
covering all public risks related to this Agreement. The insurance required hereunder may be met
by a combination of self-insurance and primary and excess policies.
1.02 Types and Amounts of Coverage Required
a. Commercial General Liability:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including
coverage for the following: (i)Premises Liability; (ii)independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse, and underground property damage
b. Property Damage Liability:
(1) $1,000,000.00 per occurrence
C. Umbrella Policy
(1) $5,000,000.00
d. Environmental Impairment Liability(EIL) &/or Pollution Liability
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liability:
(1) $1,000,000.00 Each accident on a combined single-limit basis
f. Worker's Compensation:
(1) As required by law
g. Employer's Liability:
(1) $1,000,000.00 per accident
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk
Manager, the City may at any time revise insurance coverage requirements and limits required by
this Agreement. Company agrees that within ten (10) days of receipt of written notice from the
City, all such revisions requested by the City will be implemented. The policy or policies of
Design Procurement Agreement for Northpointe 24"Off-Site Water Line Page 13 of 14
Lennar Homes of Texas Land and Construction,Ltd
insurance shall be endorsed to provide that no material changes in coverage, including, but not
limited to, cancellation, termination, non-renewal, or amendment, shall be made without thirty
(30) days' prior written notice to the City.
1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved
to do business in the State of Texas. Except for workers' compensation, all insurers must have a
minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, prior written approval of the City's Risk Management Division is required.
Within ten(10)business days following execution of this License,Developer shall ensure that City
is furnished with certificates of insurance signed by the respective companies as proof that the
types and amounts of insurance coverage required herein have been obtained. In addition,
Developer shall, on demand, provide the City with evidence that it has maintained such coverage
in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required
herein shall not exceed $25,000.00 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
1.06 No Limitation of Liability. The insurance requirements set forth in this section and any
recovery by the City of any sum by reason of any insurance policy required under this License
shall in no way be construed or affected to limit or in any way affect Company's liability to the
City or other persons as provided by this Agreement or law.
1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage
limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability
shall follow form of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on the Automobile and Commercial General Liability policies.
1.09 Waiver of Subro ag tion. The insurance shall include a waiver of rights of recovery
(subrogation) in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without
expense, to receive copies of policies and endorsements thereto and may make any reasonable
requests for deletion or revision or modifications of particular policy terms,conditions,limitations,
or exclusions in order to comply with the requirements of this Agreement except where policy
provisions are established by law or regulations binding upon either of party or the underwriter on
any such policies.
1.11 Certificate of Insurance. Developer shall submit to the City a certificate of insurance
evidencing all required insurance coverage and any applicable endorsements.
Design Procurement Agreement for Northpointe 24"Off-Site Water Line Page 14 of 14
Lennar Homes of Texas Land and Construction,Ltd