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HomeMy WebLinkAbout064867 - Construction-Related - Contract - Lennar Homes of Texas Land and Construction, LTDCSC No. 64867 DESIGN PROCUREMENT AGREEMENT FOR NORTHPOINTE WEST (TRAFFIC SIGNAL SYSTEM IMPROVEMENTS) 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 parry and collectively as the parties. Recitals WHEREAS, in connection with Developer's development plan for Northpointe West Phase 4, Preliminary Plat Number PP-22-052, Final Plat Number FP-24-152, City determined that Developer is responsible for 27% of the cost of designing and constructing a traffic signal system at the intersection of Heritage Trace Parkway and Fleming Ranch Road, as more fully depicted in Exhibit "A" which is attached hereto and incorporated herein by reference; and WHEREAS, to provide a critical regional connection, City desires to participate with Developer in the design and construction of the traffic signal system ; and WHEREAS, Developer shall be responsible for the engineering design and engineering services related to the construction of a traffic signal system at the intersection of Heritage Trace Parkway and Fleming Ranch Road ("Project") in accordance with the City's Transportation Improvement Plan and Master Thoroughfare Plan and WHEREAS, City and Developer desire to enter into this Agreement in order to accomplish the goals of the parties; and WHEREAS, Developer has retained LJA Engineering, Inc. ("Design Consultant") to provide the design and engineering services for the Project; and WHEREAS, Developer selected Design Consultant based on demonstrated competence and qualifications to perform the services for a fair and reasonable price, and not on the basis of competitive bids; and WHEREAS, City staff have reviewed the scope, fee and schedule for the engineer services for the Project and find them to be fair and reasonable; and WHEREAS, City and Developer intend to execute a Community Facilities Agreement, or other similar agreement, that provides for the Developer to construct the Project and seek a 73% reimbursement from the City for the City's share of the construction costs and eligible construction expenses as agreed by the parties; and OFFICIAL RECORD Design Procurement Agreement for Northpointe West CITY SECRETARY Page 1 of 15 Traffic Signal System Improvements FT. WORTH, TX Lennar Homes of Texas Land and Construction, Ltd WHEREAS, Developer shall not earn a fee based upon the City's portion of the design fees paid to Design Consultant; and 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 Developer has retained Design Consultant for the Project pursuant to a written agreement to which the City consents, a copy of which is attached hereto as Exhibit `B" and incorporated herein by reference. 1.3 City agrees to reimburse Developer for seventy-three percent (73%) of the actual cost for the engineering services of the Design Consultant for the Project, in a total amount not to exceed $60,225.00 ("City's Share"). The engineering services for the Project include, but are not limited to, the preparation of engineering drawings, renderings, contract specifications, estimates, and other documents necessary to construct the improvements contemplated by this Agreement ("Construction Documents"), as reviewed and approved by the City through its Infrastructure Plan Review Center, and public bidding services and construction phase engineering services for the Project. Developer shall pay all invoices received by Developer from Design Consultant for the engineering services for the Project. City will pay to Developer the City's Share of the design costs for the Project, within 30 days after: (1) the construction plans are approved by the City's Infrastructure Plan Review Center ("IPRC"); (2) Developer delivers an invoice from Developer to the City for the City's Share of the design cost; and (3) Developer delivers to the City a copy of the invoice from the Design Consultant to Developer for the design of the Project. City shall pay Developer City's Share of the construction phase engineering services for the Project after construction of the traffic signal and acceptance of the traffic signal by the City. Developer shall use the City's BIM 360 software to deliver all payment requests and supporting documents to the City. Developer must register as a vendor of the City in order for City to pay Developer the City's Share of the engineering services. City shall have the ultimate right to approve or disapprove the Construction Documents, such approval not to be unreasonably withheld, delayed, or conditioned. 1.4 Developer shall receive a transportation impact fee credit for Developer's share of the costs of the engineering services for the Project as set forth in a transportation impact fee credit agreement executed by the parties. 1.5 Provided the City has reimbursed Developer for all submitted invoices that collectively do not exceed the maximum amount of the City's payments in Section 1.3, 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 Design Procurement Agreement for Northpointe West Page 2 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd 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 1.6 The parties intend to execute a Community Facilities Agreement ("CFA") for construction of the Project with the City paying 73% of the construction costs and the Developer paying 27% of the construction costs, subject to approval of the CFA and appropriation of funds by the City Council. 1.7 In the event any easements are necessary to complete the traffic signal system, the Developer shall be responsible for acquiring such easements. 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; provided, however, the City may not terminate this Agreement in bad faith for the purpose of avoiding its reimbursement obligation set forth in Section 1.3 above. 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 Design Procurement Agreement for Northpointe West Page 3 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd 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 LIABILITY AND INDEMNIFICATION 4.1 DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDINGDEATH, TOANYANDALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CA USED 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, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCL UDING, 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 LA WS 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. 4.4 Developer's agreement with the Design Consultant shall include a release and indemnity in favor of 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, Design Procurement Agreement for Northpointe West Page 4 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd 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. " 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. 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 Design Procurement Agreement for Northpointe West Page 5 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd 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. 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. Design Procurement Agreement for Northpointe West Page 6 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd 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, or by electronic mail, to the address of the other party shown below: Design Procurement Agreement for Northpointe West Page 7 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd To the City: Development Services Department Attn: Leon Wilson 100 Fort Worth Trail Fort Worth, Texas 76102 Email: Leon.Wilson(a�fortworthtexas.gov 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 To the Developer: Lennar Homes of Texas Land and Construction, Ltd. 1231 Greenway Drive, Suite 800 Irving, Texas 75038 Attn: Greg Urech, Division President - Land Telephone (469) 587-5335 Email: gre .ug rechglennar.com with a copy to: Lennar Homes of Texas Land and Construction, Ltd. 1231 Greenway Drive, Suite 800 Irving, Texas 75038 Attention: Herman Randow, Regional Counsel Telephone: (469) 587-5520 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. Design Procurement Agreement for Northpointe West Page 8 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd 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. 18.2 Developer shall include in its contract with 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. 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. City shall give Design Consultant 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 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 contract, 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 contract. 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 Design Procurement Agreement for Northpointe West Page 9 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd 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 SOLE AGREEMENT 22.1 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 Northpointe West Page 10 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd IN WITNESS THEREOF, the parties have made and executed this Agreement in multiple originals to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH: Jesica McEachern Assistant City Manager 03/16/2026 Date: RECOMMENDED BY: T Dalton Harrell (Mar 10, 2026 11:19:07 EDT) D.J. Harrell Development Services Director APPROVED AS TO FORM AND LEGALITY: Richard A. McCracken Sr. Assistant City Attorney 444U4pnn� qbF FORr as ATTEST: p' �° ° %iol v�o o-.a Pv8 o=p �\��E#A, adQ rEXA5o4o Cnbnadaoo- Jannette S. Goodall City Secretary Date: 03/16/2026 Design Procurement Agreement for Northpointe West Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd DEVELOPER: Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership By: U.S. Home, LLC, a Delaware limited liability cg-mpany, its General Partner Name: fennifer El Title: Authorized Date: 2 ` _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_ Leon Wilson, Tr, P.E., CFM Leon Wilson, Jr., P.E. Sr. Capital Projects Officer AGREEMENT AUTHORIZATION: M&C: 25-1118 Date approved: 12-9-25 Form 1295: 2025-1385460 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 11 of 15 EXHIBIT A Jr A 3 i w R 4 Site (actual alignment slightly differs) ro + V G Master Thoroughfare Plan Roads N Neighborhood Connector D 0.05 0.1 0.15 0.2 Miles I I I I I *Alignment/intersection location approximate. Map for illustration purposes only. Refer to other documentation for specifics. Design Procurement Agreement for Northpointe West Page 12 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd EXHIBIT B DESIGN PROCUREMENT AGREEMENT DESIGN CONSULTANT AGREEMENT (See attached) Design Procurement Agreement for Northpointe West Page 13 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd March 3, 2026 Annie Hepner, PE Lennar Homes of Texas Land and Construction, Ltd. 1231 Greenway Drive, Suite 800 Irving, Texas 75038 Re: Northpointe West, Phase 1A City of Fort Worth, Tarrant County, Texas LJA Job No. NT600-0204A LJA Proposal No. 25-48123 Dear Ms. Hepner: 469.621.0710 TBPELS F-1386 TBPELS 10110501 www.LJA.com 6060 North Central Expressway, Suite 400, Dallas, Texas 75206 EXHIBIT B LJA Engineering, Inc. is pleased to submit this proposal for the following services in accordance with the terms and conditions set forth in the Professional Services Agreement (PSA) between LJA Engineering, Inc. and Lennar Homes of Texas Land and Construction, Ltd., dated February 07, 2019. PROJECT DESCRIPTION Scope and fee herein anticipate the preparation of traffic signal construction plans with associated Design and Construction Phase Services as described below. SCOPE OF SERVICES Cd1yLla11*.9[ Z&]4:1viIQ*I 429. TRAFFIC SIGNAL DESIGN CONSTRUCTION PLANS Prepare traffic signal design plans demonstrating existing conditions, proposed signal layout, signal design tables, and applicable details for the Fleming Ranch and Heritage Trace intersection. Signal plan sets will be submitted for City of Fort Worth review and comment at the 30 percent, 60 percent and 90 percent levels. After addressing applicable comments for the 90 percent plan set, a final set of signal plans will be issued and submitted to the City of Fort Worth for Approval. This task does not include traffic analysis or subsurface utility engineering (SUE). Should items outside this Scope of Services including special studies or non-standard structures be required, an additional services request will be submitted. 0:\PROPOSAL\2026\Lennar\25-48123 NPW Phase 1A Proposal 26MAR03.docx Annie Hepner March 3, 2026 Page 2 of 6 470. DESIGN COORDINATION Attend meetings and coordinate with city and others, including sharing of files and coordination meetings, as requested by Client. 490. SPECIFICATIONS AND CONTRACT DOCUMENTS Prepare standard City specifications and contract documents book for the Traffic Signal Improvements at the Fleming Ranch and Heritage Trace intersection. This scope includes coordination with the awarded contractor and owner to obtain items required within the documents (certificates of insurance, bonds, signatures, etc.). CONSTRUCTION PHASE SERVICES 500. BIDDING SERVICES Obtain one set of quantities for bidding purposes and assemble construction bid documents for grading, utilities, and paving. These packages will include a bid schedule and specifications. Assist the Client in the public advertisement of the Project for bid, including preparation and distribution of notices, invitation, bid conditions, and prequalification forms. Attend Pre -Bid Meetings with prospective bidders as required by the bid documents. Respond to bidder request for information and prepare addenda as necessary. Collect, open, and tabulate bids in accordance with the bid documents and make a recommendation to the City of Fort Worth regarding award of the proposed construction contract. 545. CONSTRUCTION ADMINISTRATION Attend Pre -Construction Conference with the successful Contractors, City, and the Client to discuss the project in detail. Make periodic visits to the site to observe the progress of construction activity and to determine, in general, if the work is proceeding in accordance with the information given and the design concept expressed in the Contract Documents. This review should not be in lieu of work performed by City Inspectors but will be more general in nature. LJA has no responsibilities for project's safety, construction means and methods or construction quality, cost or schedule. Calculate inspection fees based on final contract amount. Issue Notice to Proceed on behalf of Owner. Coordinate with contractor and owner regarding plan interpretation and attend meetings and site visits as required. Consult with and advise the Client, issue instructions to the Contractors on behalf of and as requested by the Client. Review Contractor change orders as required. 0:\PROPOSAL\2026\Lennar\25-48123 NPW Phase 1A Proposal 26MAR03.docx Annie Hepner March 3, 2026 Page 3 of 6 Review monthly and final estimates for payment to Contractor. Accompany Client and the City Staff on their final inspection of the project for compliance with the Contract Documents. Revise contract drawings, based on information provided by the contractor, to show the work as actually constructed; furnish a set of prints of these revised drawings to agencies as required. These are not certified as as -built plans but will be record drawings as signed by contractor. Furnish a set of these Record Drawings to the Client. Assist the Client in obtaining final acceptance of the project by the City as required. SPECIAL SERVICES E:icii>�K�]u1�1�1►1��'�y_Lyl���l�y_[e3:7��►�1�►��[yy_1 Prepare and submit a Community Facilities Agreement, financial guarantee, bid documents and exhibits in accordance with City of Fort Worth requirements and process through the City for approval. GENERAL CONDITIONS This Scope is based on the following General Conditions: • All negotiations and coordination with adjoining property owners will be by Client. • Franchise utility coordination will be by others. • Design will be based on City of Fort Worth Signal Design Standards. COMPENSATION SCHEDULE (01A) PHASE 1A TRAFFIC SIGNAL CIVIL DESIGN SERVICES 429 Traffic Signal Design & Construction Plans Lump Sum $60,000 470 Design Coordination Lump Sum $12,500 490 Specifications & Contract Documents Lump Sum $10,000 CONSTRUCTION PHASE SERVICES 500 Bidding Services Lump Sum $25,000 545 Construction Administration Lump Sum $20,000 SPECIAL SERVICES 830 Community Facilities Agreement Lump Sum $10,000 Z99 Reimbursable Expenses Estimated $20,000 TOTAL $157,500 * Sales Tax will be added to these Survey Services 0:\PROPOSAL\2026\Lennar\25-48123 NPW Phase 1A Proposal 26MAR03.docx Annie Hepner March 3, 2026 Page 4 of 6 ADDITIONAL SERVICES Compensation for Additional Services not listed herein or services required due to change in municipal ordinances and/or State legislation will be billed on a time and materials basis in accordance with LJA Standard Rate Schedule below or on a lump sum basis agreed upon at the time the work is authorized. SUPPLEMENTAL TERMS AND CONDITIONS Client has contracted with the City of Fort Worth (the "City") in a role as a developer to help design and construct the Project and the City has requested that Client include certain supplemental terms and conditions in its agreements with subconsultants working on the Project, including LJA. LJA and the Client agree as follows: Ownership of Plans. City shall own the plans and other documents and work product LJA creates for the Project. In the event the agreement between the City and Client is terminated, City shall have the right to enter into an agreement with LJA to complete LJA's services for the Project. Client shall include the City's ownership right in the plans and the City's right to enter into an agreement with LJA to complete the design in Developer's agreement with the Design Consultant. Insurance. LJA shall list the City as an additional insured on LJA's Commercial Liability and Automobile insurance policies. The City shall be listed as a certificate holder on LJA's certificate of insurance. Indemnity. LJA SHALL INDEMNIFY AND HOLD THE CITY OF FORT WORTH HARMLESS FROM ALL LIABILITY FOR DAMAGE TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY LJA OR LJA'S AGENT, OR ANOTHER ENTITY OVER WHICH LJA EXERCISES CONTROL. Right to Audit. Client shall, until the expiration of three (3) years after final payment to Client by the City under Client's agreement with the City, have access to and the right to examine any directly pertinent books, documents, papers and records of LJA involving transactions relating to Client's agreement with the City and the agreement between Client and LJA. LJA agrees that the City shall have access during normal working hours to all necessary LJA 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 LJA reasonable advance notice of any intended audits. LABOR CATEGORY Lowest Highest Department Head (VP, Division Manager) $245.00 $295.00 Senior Consultant $230.00 $295.00 Director $215.00 $295.00 Group/Design Manager $200.00 $295.00 Sr. Project Manager $200.00 $295.00 Project Manager $150.00 $290.00 Sr. Project Engineer $150.00 $290.00 Professional Engineer (Project Engineer, APM) $120.00 $220.00 Graduate/Design Engineer $100.00 $175.00 Sr. Civil Designer $120.00 $200.00 0:\PROPOSAL\2026\Lennar\25-48123 NPW Phase 1A Proposal 26MAR03.docx Annie Hepner March 3, 2026 Page 5 of 6 Civil Designer $ 85.00 $170.00 Sr. Planner $130.00 $240.00 Planner $ 85.00 $175.00 Sr. Landscape Architect (Studio Lead) $165.00 $280.00 Landscape Architect $105.00 $195.00 Landscape Designer $ 95.00 $150.00 Sr. Construction Manager $130.00 $240.00 Construction Manager $105.00 $185.00 Resident Project Representative $100.00 $195.00 Construction Engineer $100.00 $195.00 Construction Inspector $ 85.00 $170.00 GIS Developer $100.00 $210.00 GIS Analyst $ 70.00 $140.00 Survey Project Manager $130.00 $265.00 Project Surveyor $110.00 $220.00 Survey Technician $ 70.00 $175.00 Clerical (Admin. Assistant) $ 60.00 $130.00 Intern $ 50.00 $ 95.00 In accordance with Rule 3.356 - Real Property Services governed by the Texas Comptroller of Public Accounts, sales tax will be applied on services used to determine or confirm property boundaries, such as boundary recovery, lot surveying/pins, title surveying, right-of-way surveying, and final platting. REIMBURSABLE EXPENSES In performance of the Scope of Services attached to the Project specific Proposal, the following types of expenses are not contemplated in the Total Proposal Fee. These are considered Reimbursable Expenses and LJA will be compensated for in accordance with the following: 1. Reproduction, out-of-town travel expenses, employee travel and mileage, and other non -labor charges directly related to the Project will be billed at cost plus ten percent. 2. Filing fees, permit fees, and other special charges which are advanced on behalf of the Client will be billed at cost plus ten percent. 3. Subcontracted services and other services by outside consultants will be billed at cost plus ten percent. 4. Vehicle mileage will be charged at the current IRS mileage rate per mile for all travel. 5. Sales tax as required by state law for surveying services will be billed at cost. If this proposal meets with your approval, please execute proposal and return a copy to us. Your signature below will be sufficient authorization to commence the stated work. 0:\PROPOSAL\2026\Lennar\25-48123 NPW Phase 1A Proposal 26MAR03.docx Annie Hepner March 3, 2026 Page 6 of 6 We appreciate this opportunity to submit this proposal and look forward to working with you on this project. If you have questions, please call me at 817.288.1965. Sincerely, LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD. a Texas limited partnership By: U.S. Home LLC, a Delaware limited Landon King, PE liability company (as successor -in -interest Project Director by conversion from U.S. Home Corporation, a Delaware corporation), its General Partner By: .a&LkL LK/bb Name: Date: 3 ?� 0:\PROPOSAL\2026\Lennar\2S 48123 NPW Phase 1A Proposa126MAR03.6oa EXHIBIT C -TO DESIGN PROCUREMENT AGREEMENT INSURANCE 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 Umbrella Policy (1) $5,000,000.00 d. Environmental Impairment Liability) &/or Pollution Liability (1) $2,000,000 per occurrence (2) $5,000,000 aggregate 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 reasonably Design Procurement Agreement for Northpointe West Page 14 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd required by this Agreement. Company agrees that within thirty (30) days of receipt of written notice from the City, all such revisions requested by the City will be implemented. 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. 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. 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 West Page 15 of 15 Traffic Signal System Improvements Lennar Homes of Texas Land and Construction, Ltd City of Fort Worth, Mayor and Texas Council Communication DATE: 12/09/25 M&C FILE NUMBER: M&C 25-1118 LOG NAME: 06NORTHPOINTE WEST TRAFFIC SIGNAL SUBJECT (CD 7) Authorize Execution of a Design Procurement Agreement with Lennar Homes of Texas Land and Construction, LTD. with City Participation in the Amount Up to $60,225.00 for the Engineering Design of a Traffic Signal to be Constructed at the Intersection of Fleming Ranch Road and Heritage Trace Parkway in Northwest Fort Worth, Adopt Appropriation Ordinance and Amend the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a design procurement agreement with Lennar Homes of Texas Land and Construction, LTD. with City participation in the amount up to $60,225.00 for the engineering design of a traffic signal at the intersection of Fleming Ranch Road and Heritage Trace Parkway to serve the Northpointe Development and anticipated future growth in Northwest Fort Worth; 2. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Transportation Impact Fee Capital Fund by increasing receipts and appropriations in the Community Facilities Agreement project (City Project No. P00001) in the amount of $60,225.00, from available Transportation Impact Fee and interest earnings collected within the Revenue -Service Area E - Transportation Impact Fees project (City Project No. UN9915) for the purpose of funding the Northpointe West Traffic Signal project (City Project No.106585); and 3. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is for the City to participate with Lennar Homes of Texas Land and Construction, LTD. (Developer) in the engineering design cost for a traffic signal project in the Northpointe subdivision which lies west of Old Decatur Road and U.S. Highway 287 Business. The Developer's proposed project requires a traffic signal for the Northpointe Development at the intersection of Fleming Ranch Road and Heritage Trace Parkway to serve the Northpointe Development and anticipated future growth in Northwest Fort Worth. The City's portion of the cost to design this traffic signal shall be 73 percent and the Developer's portion of the cost shall be 27 percent. The project is located within Transportation Impact Fee Service Area E and was identified as impact fee eligible in the most recent transportation impact fee study. Funds are currently available in the Revenue Service Area E-Transportation Impact Fees project within the Transportation Impact Fee Capital Fund for the purpose of funding the Northpointe West Traffic Signal project. The estimated fee for the City's portion of the engineering design, coordination, and construction documents is $60,225.00. The engineering design will be reviewed through the City's Infrastructure Plan Review Center (IPRC) process. Project Cost Breakdown Lennar Homes of Texas Land and Construction, LTD Participation $22,275.00 C7ofFort Worth Participation $60,225.00 Total Cost $82,500.00 Appropriations for the Northpointe West Traffic Signal project are depicted below: Fund Design Service Amount 30108 - Transportation Impact Fee Cap 1 $60,225.00 Total Amount $60,225.00 This project is located in CITY COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Revenue - SA E - Transp Imp Fees projects within the Transportation Impact Fee Cap Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Transportation Impact Fee Cap Fund for the Northpointe W Traffic Signal project to support the execution of the agreement. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Jesica McEachern 5804 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Cannon Henry 7909 Expedited FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Lennar Homes of Texas Land and Construction, LTD Subject of the Agreement: Design procurement agreement with Lennar Homes with City participation up to $60,225.00 for the engineering design of a traffic signal to be constructed at the intersection of Fleming Ranch Road and Heritage Trace Parkway in northwest Fort Worth. M&C Approved by the Council? * Yes ❑✓ No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑✓ No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑✓ No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106585 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. 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