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HomeMy WebLinkAboutContract 63242City Secretary Contract Number: 63242 ASSIGNMENT OF ENGINEERING PLANS This Assignment of Engineering Plans ("Assignment"), is entered into by and among KIMLEY-HORN AND ASSOCIATES, INC. ("Kimley-Horn"), a North Carolina corporation, ONM Living, LLC ("ONM"), a Texas limited liability company, and the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, each acting by and through their duly authorized representatives. Kimley-Horn, ONM and the City are referred to herein individually as a "party" and collective as the "parties." WHEREAS, ONM hired Kimley-Horn to design engineering plans for the construction of public intersection improvements at West Risinger Road and Summer Creek Drive (IPRC23-0080) pursuant to an agreement dated October 14, 2021, as amended ("Agreement"); and WHEREAS, City and ONM intend for the City to construct the intersection improvements; and WHEREAS, ONM desires to give City ownership of the engineering plans that Kimley-Horn has prepared; and WHEREAS, City and Kimley-Horn intend to enter into a separate agreement for Kimley-Horn to provide City with public bidding and construction phase engineering services in connection with construction phase engineering services in connection with construction of the intersection improvement; NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. ONM, hereby assigns to City ownership of the engineering plans Kimley-Horn has prepared for construction of public intersection improvements at West Risinger Road and Summer Creek Drive (IPRC23-0080) pursuant to the Agreement between ONM and Kimley-Horn ("Engineering Plans"). 2. Kimley-Horn consents to the assignment of the ownership of the Engineering Plans to the City. 3. By executing this Assignment, City accepts only the ownership rights in the Engineering Plans, and City does not assume any duties or obligations under the Agreement, and City is not responsible for any payments under the Agreement. 4. City and ONM must execute a separate transportation impact fee credit agreement for ONM to receive transportation impact fee credits for the Engineering Plans. IN WITNESS WHEREOF, Kimley-Horn, ONM, and the City have executed this Assignment to be effective on the date executed by the City's Assistant City Manager. OFFICIAL RECORD ASSIGNMENT OF ENGINEERING PLANS CITY SECRETARY Page 1 of 3 FT. WORTH, TX KIMLEY-HORN AND ASSOCIATES, INC. By: / ��— Name: Paul McCracken Title: Senior Vice President Date: April 30, 2025 ONM Living, LLC 1 ' By: Name:Ty Robinson Title: President Date: April 30, 2025 ASSIGNMENT OF ENGINEERING PLANS Page 2 of 3 CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 05/11 /2025 Recommended by: 17M Rebecca Owen (May 1, 202513:20 CDT) Rebecca Diane Owen Development Manager Development Services Approved as to Form & Legality Douglas Black (May 2, 2025 08:30 CDT) Doug Black Sr. Assistant City Attorney M&C No. Date: Form 1295: o9avnp� e FORt k gATTEST: ° oa o q Ovo o=d Oan� QEao54pd Jannette S. Goodall City Secretary 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. e foAifer Ro erts (May 1, 10:22 CDT) Jennifer H. Roberts Assistant Director Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ASSIGNMENT OF ENGINEERING PLANS Page 3 of 3