HomeMy WebLinkAboutContract 63006C10014a0 ew*1111V
DESIGN PROCUREMENT AGREEMENT
FOR 54-INCH TRANSMISSION 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 LENNAR HOMES OF
TEXAS LAND AND CONSTRUCTION, 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, City desires to design and construct approximately 4,100 linear feet of a 54-
inch water transmission main across Developer's property within future Fleming Ranch Road
right-of-way ("Project"); and
WHEREAS, City has retained Kimley-Horn and Associates, Inc, ("KHA") to design the
Project on behalf of the City; and
WHEREAS, coordination is necessary between City and Developer to ensure the Project
is designed to allow for connections to the 54-inch line from a 12-inch water main in Heritage
Trace Parkway and an 8-inch water main in a future road to the north, as well as to ensure
compatibility with the design of Fleming Ranch Road; and
WHEREAS, Developer has retained LJA Engineering, Inc. ("LJA") for the design of the
Fleming Ranch Road and the water main connections; and
WHEREAS, in order to coordinate with the Developer and LJA on the Project and to
procure a portion of the preliminary engineering services LJA has previously performed for
Developer that are necessary for the Project, City and Developer desire to enter into this Agreement
for City to reimburse Developer for the Design Consultant Services (defined below) performed by
LJA for the Project; and
WHEREAS, Developer selected LJA based on demonstrated competence and
qualifications to perform engineering services for a fair and reasonable price; and
WHEREAS, City staff have reviewed the scope, fee and schedule for the Design
Consultant Services for the Project and find them to be fair and reasonable; and
WHEREAS, LJA is the sole source that can provide the Design Consultant Services for
the Project due to Developer's pre-existing contract with LJA and Developer's ownership rights
to the preliminary engineering services performed by LJA; and
WHEREAS, Developer shall not earn a fee based upon the City reimbursement for the
Design Consultant Services;
OFFICIAL RECORD
CITY SECRETARY
Design Procurement Agreement for 54-Inch Transmission Main FT. WORTH, Tx
Page 1 of 15
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 are incorporated
into the Agreement by reference.
1.2 The Design Consultant Services performed by LJA for which the City shall reimburse
Developer pursuant to this Agreement shall generally consist of preliminary engineering,
review, consultation, and coordination services relating the engineering necessary for the
Project as further depicted in Exhibit "B" which is attached hereto and incorporated herein
by reference ("Design Consultant Services"). The Design Consultant Services shall
include the following:
(a) LJA shall review KHA's design plans to ensure compatibility with the roadway
design for Fleming Ranch Road, provided that LJA shall not be liable for any
errors or omissions provided in KHA's design plans; and
(b) LJA shall create legal descriptions and exhibits for permanent water line
easements necessary to install 54-inch and 12-inch water line, with the intent of
the alignments to be within future street right-of-way;
1.3 LJA is signing this Agreement to provide the City with the rights and protections that are
set forth in Exhibit "C" which is attached hereto and incorporated herein by reference.
1.4 City agrees to pay Developer in an amount not to exceed $56,050.00 for the Design
Consultant Services as more specifically detailed in the Level of Effort in Exhibit `B." The
City will reimburse Developer within 60 days of a receipt of an invoice from Developer.
Developer may submit an invoice to the City after the Design Consultant Services are
completed and all work product of LJA for the Design Consultant Services are delivered
to the City, including but not limited to the SUE exhibit. Developer shall submit all invoices
and request for payment 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. City shall have
the ultimate right to approve or disapprove the Design Consultant Services work product,
such approval not to be unreasonably withheld, delayed, or conditioned.
1.5 Provided the City has reimbursed Developer for all submitted invoices that collectively do
not exceed the cap amount in Section 1.4, City shall own any plans and other documents
and work product LJA creates in performance of the Design Consultant Services for the
design of the Project. In the event this Agreement is terminated, City shall have the right
to enter into an agreement with LJA to complete the design of the Project.
1.6 Developer shall provide KHA with a right of entry on Developer's property for KHA to
perform the necessary site investigations needed by KHA to design the Project. The right
of entry shall not include any property owned by Oncor.
Design Procurement Agreement for 54-Inch Transmission Main
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1.7 Developer shall cause LJA to provide KHA with a SUE exhibit, and design plans for
Fleming Ranch Road across Developer's property. The costs for the same shall be included
in Exhibit `B" to this Agreement.
1.8 KHA. shall design approximately 4,100 linear feet of the proposed 54-inch water
transmission main crossing Developer's property, to be located within future Fleming
Ranch Road right-of-way. KHA will design connections to the 54-inch line from the 12-
inch line in Heritage Trace Parkway and an 8-inch line in an unnamed road to the north.
KHA will provide the exhibit for the scope of work on Developer's property for these
connections to Developer and LJA.
1.9 Developer shall dedicate the water line easements on Developer's property for the Project
to the City at no cost to the City.
1.10 KHA shall provide monthly reports to LJA and Developer and shall provide as-builts to
Developer and LJA.
1.11 The Project will be independent of any projects associated with the Northpointe West
Preliminary Plat (PP-22-052).
SECTION 2
TERMINATION
2.1 Termination. This Agreement may be terminated by either party upon delivery of written
notice to the other party 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
Design Procurement Agreement for 54-Inch Transmission Main
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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 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; provided,
however, that any payment obligations of either party under this Agreement shall not be
excused or delayed by any Force Majeure Event.
SECTION 4
lIntentionally Omitted]
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.
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.
Design Procurement Agreement for 54-Inch Transmission Main
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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.
Design Procurement Agreement for 54-Inch Transmission Main
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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
parry'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, or by electronic mail, to
the address of the other party shown below:
To the City: To Developer:
Fort Worth Water Department LENNAR HOMES OF TEXAS LAND
Attn: Matt Kusnir AND CONSTRUCTION, LTD.
100 Fort Worth Trail 1231 Greenway Drive, Suite 800
Design Procurement Agreement for 54-Inch Transmission Main
Page 6 of 15
Fort Worth, Texas 76102
Email: Matt. Kusnir(c),fortworthtexas.eov
with copies to:
City Attorney's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas, 76102
and
City Manager's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Irving, Texas 75038
Attn: Greg Urech
Email: erea.urech(alennar.com
with copies to:
Lennar Homes of Texas Land and
Construction, Ltd.
1231 Greenway Drive, Suite 800
Irving, Texas 75038
Attn: Herman Randow, Regional Counsel
Email: herman.randow@lennar.com
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
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 S 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
Design Procurement Agreement for 54-Inch Transmission Main
Page 7of15
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
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
Design Procurement Agreement for 54-Inch Transmission Main
Page 8 of 15
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 54-Inch Transmission Main
Page 9 of 15
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:
valra E911-19 O#
Dana Burghdoff (MarYl, 2025 1t:S4 CDT)
Dana Burghdoff
Assistant City Manager
Date:
RECOMMENDED BY:
Christopher H rd� 17, 2025 15:47 CDT)
Christopher Harder, P.E.
Water Department Director
APPROVED AS TO FORM AND
LEGALITY:
Richard McCracken (Mar 21, 2025 11:29 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
angq
4 FORr pad
ATTEST: p �o
C/�� paB4 nEXA5a4a
Jannette S. Goodall
City Secretary
Date:
DEVELOPER:
LENNAR HOMES OF TEXAS LAND AND
CONSTRUCTION, LTD.
By: U.S. me, LLC, a Delaware limited
liab ity c any, 'feral Partner
By: f
Name:
Date: 3 C i H
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
—;7-; �Z--
Matt Kusnir
Senior Capital Projects Officer
AGREEMENT AUTHORIZATION:
No M&C Required.
Form 1295: N/A
OFFICIAL RECORD
Design Procurement Agreement for 54-Inch Transmission Main CITY SECRETARY
Page 10 of 15 FT. WORTH, TX
IAA ,I I 1 M 01
106
2.
i • � s �
'� .. pa
a
r-,�• ,.--- - ,,
f
-loopfh
7 _ T
r/
54 Inch Water Main
Fleming Ranch
Connecting to
Existing 12 Inch Water Main
Lennar Northpointe 54 FOR_ T�sH
Inch Water WAM a
fW
Design Procurement Agreement for 54-Inch T.: .: ,_ .'..,L/on Main
Page 11 of 15
EXHIBIT B
LEVEL OF EFFORT
Design Procurement Agreement for 54-Inch Transmission Main
Page 12 of 15
EXHIBIT 8
Level of Effort Spreadsheet - Northpointe West 54" WL
TASKMOUR BREAKDOWN
Desi%n Services for Water/Sewer Con1ttract
r (hours)
oTravei
Task No.
Task Description
IT CAS160ITo
ES130ipal Project
PnncS2501
bor�
IP
Total ense I
T ask b I Comment
Manalor Engin$170I I
Cstal
lReproduction� Cost
Total
Ralei
MWBEcI Nonl MWBE I
BASIC SERVICES
1.0
Design Coordination
11 41 42 31 18
$25,000
so s0
$0 SO
$25,000
1.1
Send files to COFW and KHA
7 2 4
$2 260
$2,260
1.2
Coordinatioy with CoFW and KHA
6 20 20 12 9
$1 1,900
$11,900
1.3
Review KHA Design for conflicts
5 14 20 15 g
10.840
$0
$10,840
7.0
Construction Phase Services
7 21 24 19 0
;12,5Q0
$0
$12\500
7.1
Review Month]] Construction Reports
2 5 8 6
3. 0
$3,640
Coordinate wi(h CoFW & KHA throughout
7.2
Construction
3 9 7
54 390
S4,390
7.3
Review As-bwlts provided by KHA
2 7 9 8
54A70
$4,470
Totals Basic Services
18 62 66 50 18
$37„500
$0 $0 $6
$0 $0
$37,500
SPECIAL SERVICES
Labor1hoursI
Principal Survey Project 2-Man Survey
Mana �or SurveYor Crew Tech
$300 5250 5170 $145 $120
8.0
ROW/EasementServices
0 8 24 1f 39
12.500
$12,500
&I
Easement Preparation
8 24 12 39
12 500
9.0
Environmental Services
9.1
WOUS Delmation ReDon
10.0
Potholing
i,5,500
$5.506
$5.500 Invoice has beenyprovided.
10.1
Pothole Stakinq
62.000
SUE exhibit provided 519124.
104
Level'A'SUE
0
10.4.1
0-4' Test Hole
50
10.4.2
4-8' Test Hole
53.500
10.4.3
8-12' Test Hole
0
10.4A
12-18' Test Hole
50
t
I
Totals Special Services
I I I I
$12.500
$0 $5.500 $01
$5,500
$18,000
Water Line Footage 4.100 100 %
Project Summon
Sewer Line Footage 0 0%
Total Hours
297J
4.100 100%
Total Labor
$50,006
Total Expense
$0
(A)
Total Fee $56,050
MBE/SBE Subconsultant
$0
(B)
Survey Fee $0
Non-MBElSBE Subconsultent
$5 500
(C)
Total Fee (-) survey Fee $56,050
10% Sub Markup
�550
Water Fee 0% o1 C) I Sewer Fee [40 % of C) I
MBEISBE Partic' lotion
0.0ya
IV
$56A5b.00 { $0.00
Total Projto Cost
$56,050.00
Description
WP Water Sewer I
Conceptual Design (30%)
31 $16,815.00 $0.00
Preliminary Design (60%)
32 $33,630.00 $D.DD I
Final Design (10%)
33 $5,605.00 $0.0D
Survey
51 $0.00 $D.00
Subtotal
I $56.050.001 $0,00
Total
$56,050.00
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
EXHIBIT C
LJA Engineering, Inc. is signing this Exhibit C to the Design Procurement Agreement for the
purpose of providing the City with the following rights:
1. Provided the City has reimbursed Developer for all invoices submitted in accordance with the terms
and conditions of this Agreement, City shall own any plans and other documents and work product
LJA Engineering, Inc. creates in providing the Design Consultant Services for the Project. The
City's engineers may alter, complete, correct, revise, or add to the engineering plans provided that
the City first notifies LJA Engineering, Inc. in writing and any work altered, completed, corrected,
revised, or added to shall have a seal affixed by the City's engineers. The City shall be responsible
for any alterations, additional, or deletions to the original design, including any effect or impact of
those changes on LJA Engineering, Inc.'s design. In the event this Agreement is terminated, City
shall have the right to enter into an agreement with LJA Engineering, Inc. to complete the Design
Consultant Services for the Project.
2. LJA ENGINEERING, INC. SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE
CITY OF FORT WORTH AGAINST LIABILITY FOR ANY DAMAGE TO THE EXTENT
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT,
INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY LJA ENGINEERING, INC. OR LJA
ENGINEERING, INC IS AGENTS, CONSULTANTS UNDER CONTRACT, OR ANOTHER
ENTITY OVER WHICH LJA ENGINEERING, INC EXERCISES CONTROL. The defense
obligation does not apply to Professional Liability or Workers' Compensation claims. As it
relates to such claims, LJA ENGINEERING, INC. shall be liable for reasonable defense costs
incurred by THE CITY OF FORT WORTH, but only after final adjudication and only to the
extent that LJA ENGINEERING, INC is found at fault
3. LJA Engineering, Inc. shall list City as an additional insured on LJA Engineering, Inc. insurance
policy (or such insurance should have a blanket additional insured endorsement).
4. City shall have the right, until the expiration of three (3) years after final payment under is made
by City to LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. pursuant to this
Agreement, to have access to and the right to examine any directly pertinent books, documents,
papers and records of LJA Engineering, Inc. involving transactions relating to this Agreement. LJA
Engineering, Inc. agrees that the City shall have access during normal working hours to all
necessary LJA Engineering, Inc. 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
LJA Engineering, Inc. reasonable advance notice of intended audits.
LJA Engineering, Inc.
Kyle Salzman
Kyle Salzman (Mar 17, 2025 15:45 CDT)
Name: Kyle Salzman, PE
Title: Sr. Vice President
Date:
Design Procurement Agreement for 54-Inch Transmission Main
Page 13 of 15
EXHIBIT D
INSURANCE
1.01 Dutv 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 Tvucs and Amounts of Coveraize Required
a. Commercial General Liability:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including
coverage for the following: (1) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse, and underground property damage
b. Proberty Damaae Liabilitv:
(1) $1,000,000.00 per occurrence
Umbrella Policv
(1) $5,000,000.00
d. Environmental Impairment Liability (EIL) &/or Pollution Liabilitv
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. 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. Emolover's Liabilitv:
(1) $1,000,000.00 per accident
1.03 Revisions to Required Coveraee. 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
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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 Conies 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.
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