HomeMy WebLinkAboutContract 61361CSC No. 61361
DESIGN PROCUREMENT AGREEMENT
FOR
ROCK CREEK RANCH LIFT STATION EXPANSION AND
PARALLEL FORCE MAIN
This DESIGN PROCUREMENT AGREEMENT ("Agreement") is entered into by and
between the City of Fort Worth, a home -rule municipal corporation of the State of Texas ("City"),
acting by and through, its duly authorized Assistant City Manager, and D.R. HORTON - TEXAS,
LTD., a Texas limited partnership ("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 designing and constructing a residential development within the
Rock Creek Ranch Public Improvement District ("Rock Creek PID") located west of Chisholm
Trail Parkway and north of Highway 1187; and
WHEREAS, in order to develop the property, Developer is required to expand the existing
lift station and construct a 24-inch parallel force main ("Project"); and
WHEREAS, the lift station expansion and parallel force main must meet the requirements
set forth in the Agreement for Additions to the Sanitary Sewer System for the Rock Creek PID
between the City of Fort Worth and Walton Development & Management, TX, LLC and its
successors or assigns, City Secretary Contract Number 59409 ("CSC 59409"); and
WHEREAS, Developer is responsible for expanding the lift station to provide 2,650
gallons per minute ("gpm") of additional capacity in order to provide the 2,300.3 gpm to meet the
PID Capacity Deficit and 349.7 gpm of Enhanced Capacity for the Rock Creek PID based on
projected capacity needs as set forth in CSC 59409; and
WHEREAS, the City desires to participate in the Project to oversize the lift station
expansion and parallel force main to provide additional capacity for future growth within the basin
for areas located outside the Rock Creek Public Improvement District; and
WHEREAS, City and Developer desire to enter into this Agreement in order to design the
Project and accomplish the goals of the parties; and
WHEREAS, Developer has determined that Westwood Professional Services, Inc. dba
Peloton Land Solutions, Inc., a Westwood Company ("Design Consultant") should design the
Project based on demonstrated competence and qualification 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
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 1 of 17
WHEREAS, Developer will initially fund the costs of Design Consultant and City will
reimburse Developer for 50% of the engineering costs for the lift station, and 73% of the
engineering cost for the parallel force main, in a total amount not to exceed $242,955.00; and
WHEREAS, City and Developer intend to execute a Community Facilities Agreement
("CFA"), or other similar agreement, that provides for the Developer to construct the Project and
seek reimbursement from the City for the City's share of the construction costs and eligible
construction expenses as agreed by the parties in the CFA; and
WHEREAS, Developer shall not earn a fee based upon the City's portion of the design
fees paid to Design Consultant;
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:
SECTION 1
GENERAL REQUIREMENTS
1.1 City and Developer agree that recitals stated above are true and correct and incorporated
into the Agreement by reference.
1.2 The Project will generally consist of the engineering design of certain public infrastructure
in the form of an expansion of the capacity of the existing lift station to provide a total
capacity of 6,400 gpm and approximately 14,200 linear feet of 24" parallel sanitary sewer
force main as further depicted in Exhibit "A."
1.3 Developer will retain Westwood Professional Services, Inc. dba Peloton Land Solutions,
Inc., a Westwood Company as the design consultant for the Project ("Design Consultant")
pursuant to a written contract to which the City consents, and to which the City is a third -
party beneficiary. Design Consultant is signing this Agreement to provide the City with the
rights and protections that are set forth in Exhibit `B" which is attached hereto and
incorporated herein by reference.
1.4 City agrees to pay Developer for 50% of the actual cost for the design and construction
phase services of the Design Consultant for the lift station expansion and 73% of the actual
cost for the design and construction phases services of the Design Consultant for the 24"
parallel force main ("City's Share"), in a total amount not to exceed $242,955.00 as more
specifically detailed in the Level of Effort in Exhibit "C" which is attached hereto and
incorporated herein by reference. The Cost Share was determined as follows:
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 2 of 17
Total Fee
City Portion
50% Lift station
73% Force main
Developer Portion
50% Lift station
27% Force main
Topo Survey
$
8,000.00
$
5,840.00
$ 2,160.00
Lift Station Prelim Report
$
40,000.00
$
20,000.00
$ 20,000.00
Civil Construction Plans - Lift Station
$
130,000.00
$
65,000.00
$ 65,000.00
Civil Construction Plans - Force main
$
105,000.00
$
76,650.00
$ 28,350.00
TxDOT UAR Permit
$
6,000.00
$
4,380.00
$ 1,620.00
SUE
$
27,000.00
$
19,710.00
$ 7,290.00
Final Drainage Report
$
2,000.00
$
1,460.00
$ 540.00
Easements
$
6,000.00
$
4,380.00
$ 1,620.00
Bidding
$
6,000.00
$
4,380.00
$ 1,620.00
DPA
$
8,000.00
$
4,000.00
$ 4,000.00
Gas LONO
$
2,000.00
$
1,460.00
$ 540.00
PM
$
10,000.00
$
5,000.00
$ 5,000.00
Alignment Walk
$
10,000.00
$
7,300.00
$ 2,700.00
Construction Admin
$
25,000.00
$
12,500.00
$ 12,500.00
Erosion Contraol Staking
$
1,500.00
$
1,095.00
$ 405.00
Force mian staking
$
10,000.00
$
7,300.00
$ 2,700.00
Lift Station staking
$
5,000.00
1 $
2,500.00
Is 2,500.00
$
401,500.00
$
242,955.00
$ 158,545.00
The design of the Project includes, as appropriate, the preparation of engineering drawings,
studies, renderings, contract specifications, estimates, and other documents necessary to
construct the improvements contemplated by this Agreement ("Construction Documents").
Developer shall pay all invoices received by Developer from Design Consultant for the
design of the Project. City will pay to Developer the City's Share of the design phase
services for the design of the Project within 30 days after: (a) the construction plans are
approved by the Infrastructure Plan Review Center ("IPRC"); (b) Developer delivers an
invoice from Developer to the City for the City's Share of the design cost; and (c)
Developer delivers to the City a copy of the invoice from the Design Consultant to
Developer for the design of the Project. City will pay to Developer the City's Share of the
construction phase services for the Project within 30 days after: (a) the improvements have
been constructed and accepted by the City as evidenced by execution of the document
commonly referred to as the green sheet; (b) delivery to the City of as -built drawings of
the improvements; (c) Developer delivers an invoice from Developer to the City for the
City's Share of the construction phases services for the Project; and (d) Developer delivers
to the City a copy of the invoice from the Design Consultant to Developer for the
construction phase services for the Project. Developer shall submit all requests for
payment and supporting documents to the City by email to DSWS@fortworthtexas.gov.
Developer must register as a vendor of the City in order for City to pay Developer the
City's Share of the design costs. City shall have the ultimate right to approve or disapprove
the Construction Documents, such approval not to be unreasonably withheld, delayed, or
conditioned. Developer shall be responsible for delineating between costs associated with
the lift station expansion and costs associated with the 24" parallel force main.
1.5 Provided the City has reimbursed Developer for all submitted invoices that collectively do
not exceed the cap amount on the City's Share contemplated in Section 1.4, City shall own
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 3 of 17
the plans and other documents and work product Design Consultant creates for the design
of the Project. In the event this Agreement is terminated, City shall have the right to enter
into an agreement with Design Consultant to complete the design of the Project.
1.6 The parties intend to execute a Community Facilities Agreement ("CFA") for construction
of the Project and each party's share of the costs after approval of the CFA and
appropriation of funds by the City Council.
SECTION 2
TERMINATION
2.1 Termination. This Agreement may be terminated by either party upon delivery of written
notice to the other parry of such intent to terminate. If the City terminates this Agreement
after the design work for the Project has commenced, then the City shall reimburse
Developer for the City's Share of the design costs incurred or paid as of the date of such
termination, such reimbursement to be made within thirty (30) days of the City's receipt of
an invoice evidencing such costs.
2.2 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; provided, however, the City shall
reimburse Developer for the City's Share of the design costs incurred or paid by Developer
as of the date of such termination, such reimbursement to be made within thirty (30) days
of the City's receipt of an invoice evidencing such costs.
SECTION 3
FORCE MAJEURE
3.1 If either party is unable, either in whole or part, to fulfill its obligations under this
Agreement (other than payment obligations) 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 parry'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; provided,
however, that any payment obligations of either party under this Agreement shall not be
excused or delayed by any Force Majeure Event.
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 4 of 17
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,
INCLUDING 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, LA WSUITS, A CTIONS, COSTS, AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE 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 GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR
SEPARATE CONTRACTORS. NOTHING HEREIN SHALL BE CONSTRUED AS A
WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS PROVIDED BY THE
LAWS OF TEXAS.
4.3 Developer shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of the city in substantially the same form as above. This section shall
survive the expiration or termination of this Agreement.
SECTION 5
INSURANCE
5.1 Developer shall maintain the insurance requirements set forth in Exhibit "D", which is
attached hereto and incorporated herein for all purposes.
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.
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 5 of 17
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.
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.
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 6 of 17
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.
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.
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 7 of 17
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, or by electronic mail, to
the address of the other party shown below:
To the City:
To Developer:
Fort Worth Water Department D.R. Horton — Texas, Ltd.
Attn: Matt Kusnir Attn: Justin Bosworth
200 Texas Street 6751 North Freeway
Fort Worth, Texas 76102 Fort Worth, Texas 76131
Email: Matt.Kusnir(&fortworthtexas.aov Email: JBosworth()drhorton.com
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 Developer involving transactions
relating to this Agreement. Developer agrees that the City shall have access during normal
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 8 of 17
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.
SECTION 19
PROHIBITION ON BOYCOTTING ISRAEL
19.1 Developer acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or
services that has a value of $100,000 or more that is to 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 Israel; and
(2) will not boycott Israel during the term of the contract. 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 the Agreement.
SECTION 20.
PROHIBITION ON BOYCOTTING ENERGY COMPANIES
20.1 Developer 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 that is to 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. To the extent that Chapter
2276 of the Government Code is applicable to this Agreement, by signing this Agreement,
Developer certifies that Developer's signature provides written verification to the City that
Developer: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
SECTION 21.
PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
21.1 Developer 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 that is to 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. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Developer certifies that
Developer's signature provides written verification to the City that Developer: (1) does not
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 9 of 17
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.
SECTION 22.
COMPLIANCE WITH PUBLIC INFORMATION ACT REQUESTS
22.1 The requirements of Subchapter J, Chapter 552, Government Code, may apply to
this Agreement and Developer agrees that the Agreement can be terminated if
Developer knowingly or intentionally fails to comply with a requirement of that
subchapter. Developer acknowledges that section 552.371 of the Texas Government
Code applies to this Agreement if. (1) this Agreement has a stated expenditure of at least
$1 million in public funds for the purchase of good or services by the City; or (2) this
Agreement results in the expenditure of at least $1 million in public funds for the purchase
of goods or services by the City in a fiscal year of the City. To the extent that section
552.371 of the Texas Government Code applies to this Agreement, Developer shall comply
with section 552.372 of the Texas Government Code by: (1) preserving all contracting
information relating to this Agreement as provided by the records retention requirements
applicable to the City for the duration of the Agreement; (2) promptly providing the City
any contracting information related to this Agreement that is in the custody or possession
of Developer on request of the City; and (3) on completion of the Agreement, either (a)
providing at no cost to the City all contracting information related to the Agreement that is
in the custody or possession of Developer; or (b) preserving the contracting information
relating to the Agreement as provided by the retention requirements application to the City.
23.
SOLE AGREEMENT
23.1 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)
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 10 of 17
IN WITNESS THEREOF, the parties have made and executed this Agreement to be
effective on the date signed by the City's Assistant City Manager.
CITY OF FORT WORTH: DEVELOPER:
D.R. Horton — Texas, LTDL,
A Texas Limited partnership
By: D.R. Horton, Inc.,
A Delaware Corporation,
Fernando Costa Its authorized agent
Assistant City Manager
By: — —
May 2 2024 Justin Bosworth, PE
Date: Assistant Secretary
Date: May 1, 2024
RECOMMENDED BY:
Chris Harder (May 2, 2024 11:17 CDT)
Christopher Harder, P.E.
Water Department Director
APPROVED AS TO FORM AND
LEGALITY:
Contract Compliance Manager:
By signing, I acknowledge that I am the person
Richard McCracken (May 2, 2024 20:41 CDT)
responsible for the monitoring and administration
Richard A. McCracken
of this contract, including ensuring all performance
Sr. Assistant City Attorney
and reporting requirements.
ATTEST:
Suby Varughese
Engineering Manager
Jannette S. Goodall
City Secretary
AGREEMENT AUTHORIZATION:
Date: May 3, 2024
M&C: 23-1014
Date approved: 11/28/23
Form 1295: 2023-1091997
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 11 of 17
EXHIBIT A
+
LIFT STATION
f
r
F•, � IIT 1B'SANITARY SEWER
LEGEND
PROPOSED FORCE MAIN LINE
�s= EAISTING SANITARY SEWER LINE
NOTES:
1. ALL PROPOSED FORCE MAIN LINES
ARE 24' UNLESS OTHERWISE NIOTEQ.
r
z
M
m
LEq
4�
n ROCK CREEK RANCH
LIFT STATION $
°��SUI E°id88AfAhAY
FORCE MAIN FHA -SE 2
FDRr WORTH rx 1&177
SCALE GA—E i i.02 rtz,
CONTGRAPHIC
PHONE c-r -SR Po�EP
PFIONE 8i7-cns-aaW
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 12 of 17
0
0
H
w
w
2
w
w
nIJ
EXISTING 8S
CPN 1131142
X-24701
LEGEND
PROPOSED FORCE. AAAIN LINE
EXISTINIG SANITARY SIEWE.R LINE
NGTES:
1. ALL PROPOSED FORGE MAIN LINES
ARE 24" UNLESS OTHER RISE NOTED_
n ROCK GREEK RANCH
LIFT STATION &
FORCE MAIN PHASE 2
GRAPHIC SGALE UATE:1Va22=
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 13 of 17
SLUE 2%
FORT AURTH Tx 718 177
OOhrTPGT. BEN RAW
PMORE:617-�39BD
EXHIBIT B
Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., a Westwood Company has
entered into a contract with D.R. Horton — Texas, Ltd. for the engineering design and construction phase
services for the Project. The City of Fort Worth is a third -party beneficiary of the contract. Westwood
Professional Services, Inc. dba Peloton Land Solutions, Inc., a Westwood Company is signing this Exhibit
B to the Design Procurement Agreement for the purpose of providing the City with the following rights:
Provided the City has reimbursed Developer for all submitted invoices that collectively do not
exceed the cap amount on the City's Share contemplated in Section 1.4, City shall own the plans
and other documents and work product Design Consultant creates for the design of the Project. In
the event this Agreement is terminated, City shall have the right to enter into an agreement with
Design Consultant to complete the design of the Project. Developer shall include the City's
ownership right in the plans for the Project and the City's right to enter into an agreement with
Design Consultant to complete the design of the Project if this Agreement is terminated in
Developer's agreement with Design Consultant.
2. DESIGN CONSULTANT SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE
CITY OF FORT WORTH AGAINST LIABILITY FOR ANY DAMAGE CAUSED BY OR
RESULTING FROMANACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL
PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY DESIGN CONSULTANT OR DESIGN CONSULTANT'S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE
DESIGN CONSULTANT EXERCISES CONTROL."
Design Consultant shall list City as an additional insured on Design Consultant's insurance policy.
4. City shall have the right, until the expiration of three (3) years after final payment under is made
by City to Developer pursuant to 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 contract between Developer and Design Consultant.
Design Consultant agrees 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. City shall give Design
Consultant reasonable advance notice of intended audits.
Design Consultant:
Westwood Professional Services, Inc. dba
Peloton Land Solutions, Inc., a Westwood Company
Ben Reef
Ben Raef (May 1, 202413:46 CDT)
Name: Ben Raef
Title: Director Land
Date: May 1, 2024
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 14 of 17
EXHIBIT C
LEVEL OF EFFORT
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 15 of 17
Total Fee
City Portion
50% Lift station
73% Force mian
50%
27%
Developer Portion
Lift station
Force mian
Topo Survey
$
8,000.00
$
5,840.00
$ 2,160.00
Lift Station Prelim Report
$
40,000.00
$
20,000.00
$ 20,000.00
Civil Construction Plans - Lift Station
$
130,000.00
$
65,000.00
$ 65,000.00
Civil Construction Plans - Force mian
$
105,000.00
$
76,650.00
$ 28,350.00
TxDOT UAR Permit
$
6,000.00
$
4,380.00
$ 1,620.00
SUE
$
27,000.00
$
19,710.00
$ 7,290.00
Final Drainage Report
$
2,000.00
$
1,460.00
$ 540.00
Easements
$
6,000.00
$
4,380.00
$ 1,620.00
Bidding
$
6,000.00
$
4,380.00
$ 1,620.00
DPA
$
8,000.00
$
4,000.00
$ 4,000.00
Gas LONO
$
2,000.00
$
1,460.00
$ 540.00
PM
$
10,000.00
$
5,000.00
$ 5,000.00
Alignment Walk
$
10,000.00
$
7,300.00
$ 2,700.00
Construction Admin
$
25,000.00
$
12,500.00
$ 12,500.00
Erosion Contraol Staking
$
1,500.00
$
1,095.00
$ 405.00
Force mian staking
$
10,000.00
$
7,300.00
$ 2,700.00
Lift Station staking
$
5,000.00
$
2,500.00
$ 2,500.00
$
401,500.00
$
242,955.00
$ 158,545.00
$ 401,500.00
EXHIBIT D
INSURANCE
1.01 Dutv to Acauire 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 Tvpes and Amounts of Coverage Required
a. Commercial General Liabilitv:
(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 Liabilitv:
(1) $1,000,000.00 per occurrence
Umbrella Policv
(1) $5,000,000.00
d. Environmental Impairment Liabilitv (EIL) &/or Pollution Liabilitv
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
Automobile Liabilitv:
(1) $1,000,000.00 Each accident on a combined single -limit basis
f. Worker's Compensation:
(1) As required by law
g. EmDlover's Liabilitv:
(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
Design Procurement Agreement for Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 16 of 17
City, all such revisions requested by the City will be implemented. The policy or policies of
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 Subrogation. 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 Rock Creek Ranch
Lift Station Expansion and Parallel Force Main
Page 17 of 17
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/28/23 M&C FILE NUMBER: M&C 23-1014
LOG NAME: 60ROCK CREEK RANCH LIFT STATION & 24 INCH FORCE MAIN DPA
SUBJECT
(CD 6) Authorize Execution of Design Procurement Agreement with D.R. HORTON - TEXAS, LTD., with City Participation in the Amount Not to
Exceed $242,955.00, for Engineering Design for the Oversizing of the Rock Creek Ranch Lift Station and 24-Inch Parallel Sanitary Sewer Force
Main Located in Southwest Fort Worth, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024-
2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a design procurement agreement with D.R. HORTON - TEXAS, LTD., with City participation in the amount not to
exceed $242,955.00, for the engineering design for oversizing the Rock Creek Ranch lift station and 24-inch parallel sanitary sewer force
main located in southwest Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water and Sewer Bond 2016 Fund, in
the amount of $242,955.00 by decreasing estimated receipts and appropriations in the Unspecified project (City Project No. UNSPEC) and
increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No.
P00001) by the same amount, for the purpose of funding the Design Procurement Agreement —Rock Creek Ranch lift station project (City
Project No.105040) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvements Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is for the City to participate with D.R. HORTON - TEXAS, LTD. (Developer), in the
engineering design cost for oversizing the expansion of the existing Rock Creek Ranch lift station and approximately 14,200 linear foot of a 24-
inch parallel sanitary sewer force main. The project will serve Rock Creek Ranch development located west of Chisholm Trail Parkway and north of
Highway 1187. The City is participating in the project to oversize the lift station and sanitary sewer force main to provide additional capacity for
future growth within the basin. The cost for the lift station is estimated to be allocated at 50% Developer and 50% City and the cost for the 24-inch
sanitary sewer force main is estimated to be allocated at 27% for the Developer and 73% for the City.
The estimated fee for the City's portion of the engineering design, topographic survey, easement document preparation, construction documents,
and public bidding is $242,955.00.
The table shows the cost sharing breakdown for engineering design costs between the Developer and the City.
Cost Sharing Breakdown Amount
DR Horton- TX, LTD $158,545.00
City of Fort Worth $242,955.00
Total Engineering Design Cost $401,500.00
* Amounts rounded for presentation purposes.
D.R. HORTON -TEXAS, LTD., has selected Peloton Land Solutions, as the engineering consultant to perform the design of the project. Staff
concurs that the fees charged by Peloton Land Solutions, are fair and reasonable for the work to be performed. The engineering design will be
reviewed through the City's Infrastructure plan review process.
It is the practice of the Water Department to appropriate its Capital Improvement Program plan throughout the Fiscal Year, instead of within the
annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the
M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as
follows:
Capital Fund I Project I FY2024 CIP I Authority I Budget Change I Revised
Name Name
Appropriations (Increase/Decrease) FY2024
Budget
56005 — P00001- $0.00 This M&C $242,955.00 $242,955.00
Water/Sewer CFA
Bond 2016 Bucket
Funding for the Design Procurement Agreement -Rock Creek Ranch lift stat (DPA) as depicted in the table below.
Fund
56005-Water/Sewer
Bond 2016
Project Total
Existing Additional
Appropriations Appropriations
Project Total
$0.00 $242,955.00 $242,955.00
$0.00 $242,955.00 $242,955.00
*Numbers rounded for presentation purposes.
Funding is currently available in the Unspecified -All Funds project within the Water/Sewer Bond 2016 Fund, to be made available in
Programmable Project P00001- CFA Bucket for the purpose of funding the CFA- Rock Creek Ranch lift stat Sewer project.
Upon completion of the design, the construction of the project will be publicly bid. Staff will present an additional M&C to the City Council seeking
approval for the City to enter into a Community Facility Agreement with City participation for the construction of the project.
This project is located in COUNCIL DISTRICT 6
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the Water/Sewer Bond 2016 Fund
and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the
Water/Sewer Bond 2016 Fund for the CFA Bucket programmable project to support the approval of the above recommendation and execution of
the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head:
Chris Harder 5020
Additional Information Contact: Suby Varughese 8009