HomeMy WebLinkAboutContract 58554 CSC No. 58554
FORTWORTH.
'1*
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through its duly authorized Assistant City Manager, and Coy L. Beauchamp Arenas,LLC ("Vendor"), a
Texas Limited Liability Company (LLC) and acting by and through its duly authorized representative,each
individually referred to as a"party"and collectively referred to as the"parties."
1. Scope of Services. Vendor will provide Dirt Work services ("Services"), which are set
forth in more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes.
2. Term. The initial term of this Agreement is for One year(s), beginning on the date that
this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated
earlier in accordance with this Agreement("Initial Term"). City will have the option,in its sole discretion,
to renew this Agreement under the same terms and conditions, for up to five one-year renewal option(s)
teach a"Renewal Term").
3. Compensation.
3.1 Total compensation under this Agreement will not exceed an annual amount of
Eight hundred ninety-five thousand Dollars and Zero Cents($895,000.00).
3.2 City will pay Vendor in accordance with the Prompt Payment Act(Chapter 2251
of the Texas Government Code)and provisions of this Agreement,including Exhibit"B,"
which is attached hereto and incorporated herein for all purposes.
3.3 Vendor will not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City will not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in
writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days'written notice of termination.
4.2 Non,-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
OFFICIAL RECORD
Vendor Services Agreement CITY SECRETARY Page 1 of 14
v.I,1(March 29,2021)
FT.WORTH,TX
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement.In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in-
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this Agreement,or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement,and
Vendor services Agreement Page 2 of 14
v.1.1(March 29,2021)
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers,agents, servants, employees,or contractors.
8. Liability.and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, ENCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY HIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS) OR DMISSION(S),MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
AGENTS, SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS
8.2 GENERAL INDEMNIFICATION- VENDOR HERESY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY HIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS)AND PERSONAL INJURY,INCLUDING,BUTNOTLIMITED TO,DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRSSNTATIVES,
SERVANTS EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software or documentation in accordance with this Agreement,
it being understood that this agreement to defend,settle or pay will not apply if City modifies
or misuses the software and/or documentation.So long as Vendor bears the cost and expense
of payment for claims or actions against City pursuant to this section,Vendor will have the
right to conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however,City will have the right
to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to
protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event
City,for whatever reason,assumes the responsibility for payment of costs and expenses for
any claim or action brought against City for infringement arising under this Agreement,City
will have the sole right to conduct the defense of any such claim or action and all negotiations
for its settlement or compromise and to settle or compromise any such claim; however,
Vendor Services Agreement Page 3 of 14
v.],I(March 29,2021)
Vendor will fully participate and cooperate with City in defense of such claim or action.
City agrees to give Vendor timely written notice of any such claim or action,with copies of
all papers City may receive relating thereto. Notwithstanding the foregoing, City's
assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify
City under this Agreement.If the software and/or documentation or any part thereof is held
to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise,such use is materially adversely restricted,Vendor will,at its own expense and
as City's sole remedy, either: (a) procure for City the right to continue to use the software
and/or documentation; or (b) modify the software and/or documentation to make it non-
infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or(c) replace the software and
documentation with equally suitable,compatible,and functionally equivalent non-infringing
software and documentation at no additional charge to City; or(d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all
amounts paid to Vendor by City,subsequent to which termination City may seek any and all
remedies available to City under law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
Vendor Services Agreement Page 4 of 14
v.1.1(March 29,2021)
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000- Bodily Injury by accident;each accidentloccurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease; policy limit
(d) Professional Liability(Errors&Omissions): ❑Applicable®NIA
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements_
Coverage must be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear.The term
City includes its employees,officers,officials,agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must be sent to the
City in accordance with the notice provision of this Agreement.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
Vendor Services Agreement Page 5 0£14
v.1.1(March 29,2021)
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinance$,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances,rules and regulations.If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCR UNATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Coy L Beauchamp Arenas
Attn: Assistant City Manager LLC. Brandi Hawkins, Owner
200 Texas Street P.Q.Box 470732
Fort Worth,TX 76102-6314 Fort Worth,TX 76147
Facsimile: (817)392-8654 Facsimile:
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
Vendor Services Agreement Page 6 of 14
v.1.1(March 29,2 02 1)
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law 1 Venue. This Agreement will be construed in accordance with the laws
of the State of Texas.If any action,whether real or asserted,at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Sverahftjft. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Weure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance,or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligations is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Hea ines not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,B,and C.
22. Amendments 1 Modifications/Extensions. No amendment,modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will,for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30)days from the date that the services are completed. In such event, at Vendor's
Vendor Services Agreement Page 7 of 14
v.1.1(March 29,2021)
option, Vendor will either(a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate.procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures,guides, and documentation that are created,published,displayed,or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right,title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
27. SNignature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution,ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9,documents filed with the state indicating such change,copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor 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. The terms"boycott Israel"
Vendor services Agreement Page 8 of 14
❑.1.1(March 29,2021)
and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of
the Agreement.
30. Electronic Signatures'. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
31. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest,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.
{signature page follows}
Vendor Services Agreement Page 9 of 14
v.1.1(March 29,2021)
IN WITNESS W]UREOF,the parties hereto have executed this Agreement in multiples.
City: Vendor:
<L6=c'�
ByWilliam Johnson(De ,202214:42CST) By: 'L' I
Name: William Johnson Name: Brandi Hawkins. L
Title: Assistant City Manager Title: Owner.
Date: Date: l"q �-Z-
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,including ensuring all
By: perfommnce and reporting requirements.
Name: Michael Crum
Title. Director,Public Events Department
K�K�-
By:
Approved as to Form and Legality: Name: Kevin Kemp
Title: Assistant Director,Public Events
Digitally Taylor Paris ate: 022.1ed611:3 by orParis OR
Date:2022.12.06 11:32:44 4�p40p4��
By: City Secretary: �°�°........�oaaa
Name: Taylor Paris 0,
Title: Assistant City Attorney a *d
.7q�l�l2tt2 cl C7000?'GI�G °aaa °°
it�'EXASo9a
By:Jannette S.Goodall(Dec 7,2022 09:12 CST) bRaaa'a�'
Contract Authorization: Name: Janette Goodall
M&C: 22-0906 Title: Acting City Secretary
Form 1295:FORM 1295 NUMBER
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Vendor Services Agreement Pane 10 of 14
❑.1.I(March 29,2021)
OH MA
SCOPE OF SERVICES
2.0 The Public Events Department will use this Agreement to have various work to be
performed consisting of transporting, loading in, and loading out dirt from a storage
area within two (2) to four(4) miles of the Will Rogers Memorial Center(WRMC). Dirt
shall be cfear of debris, rocks, and trash, and shall be spread in the specified arena or
location within the WRMC as directed by the WRMC designee and/or clients.
2.1 All materials and workmanship required to furnish a complete and functional job
for the City, whether shown, included or implied in the specifications, shall be supplied
by the vendor to meet the conditions of the Agreement.
2.2 There shall be sufficient staffing specifically assigned to the City's account to
support necessary service requirements.
2.3 Vendor shall service the City and clients of WRMC that use dirt owned by WRMC.
Individual clients that own or supply their own dirt will not be required to use the City's
Vendor. V e n d o r i s responsible for familiarizing themselves with the sites and
the work to be performed_
2.4 Vendor shall quote per job to load-in, spread, level, or load-out WRMC dirt; as needed
within time restrictions, to include equipment, driver and fuel, for inside and outside
arenas and pads per sizes given.
2.6 Vendor shall quote hourly charge to install, level and remove sand, additional dirt,
wood shavings, or animal waste; as needed within time restrictions to include
equipment, driver and fuel.
2.7 Shaping, leveling, blading, rolling and packing services, requested by some clients, is
to be quoted at a price per hour, to and should include equipment, labor, driver and
fuel.
2.8 Vendor shall be given a minimum of five(5)working days prior notice, via phone or
email, that service will be needed. The Contractor shall respond by furnishing
equipment and operators to complete the job in the time€rame required. WRMC
employees are to oversee the process. Clients of WRMC may request additional work
on a time-restricted basis as needed.
2.9 Work must be performed according to the agreed upon time given by the City and may
be scheduled during weekdays, weekends, holidays, evenings or overnight. All
equipment and manpower must be on site one(1) hour prior to scheduled load in or
load out. Time will not be charged to the City for breakdowns, vendors delays,
overtime or servicing delays. The hourly rate work will be charged to the nearest
quarter of an hour.
2.10 Coliseum: Approximately 125 feet X 250 feet, including alley to Burnett Building.
Charges include all labor, equipment and hauling to or from designated dirt storage
site, within time restrictions set by WRMC.
2.10.1 Charge to load-in, shape, spread, level or load-out arena"base" dirt, 5
to 8 Inches deep, within time restrictions set by WRMC.
Vendor Services Agreement Pagc 1 i of 14
v.1.1 (March 29,2021)
2.10.2 Charge to load-in, shape, spread, level or load-out arena"topping" dirt, 4
to 5 inches deep,within time restrictions set by WRMC.
2.10.3 Charge to load-in, shape, spread, level or load-out arena "base" dirt, 4 to 6
inches deep in Burnett(eastlwest) alley, adjacent to Coliseum arena
entrance, approximately 20 feet X 160 feet.
2.10.4 Charge to load-in, shape, spread, level or load-out arena "base" dirt, 4 to 6
inches deep in Burnett(north/south)alley, adjacent to Coliseum arena
entrance, approximately 20 feet X 80 feet.
2.10.5 Charge to level, shape, blade, roil, and pack arena dirt.
2.11 Exercise pads: Various sizes. Charges include all labor, equipment and hauling to
or from designated dirt storage site, within time restrictions set by WRMC.
2.11.1 Charge for load-in, shape, spread, level or load-out dirt 8-12 inches deep,
measuring approximately 125 feet X 250 feet, for a pad located in the
Pavilion just north of the Richardson/Bass building.
2.11.2 Charge for load-in, shape, spread, level or load-out dirt 6 inches deep,
measuring approximately 80 feet X 175 feet, for a pad located in the parking
lot just north and east of the Coliseum.
2.11.3 Charge for load-in, shape, spread, level or load-out dirt 6-8 inches deep,
measuring approximately 30 feet X 150 feet, for a pad located on Watt Drive,
just east of the John Justin Arena.
2.11 A Charge for load-in, shape, spread, level or load-out dirt 8-10 inches deep,
measuring approximately 100 feet X 190 feet, for each pad located in the
Multi-Purpose Building (2 pads total). Pricing shall be listed per pad.
2.11.5 Charge for load-in, shape, spread, level or load-out dirt 4-6 inches deep,
measuring approximately 44 feet X 300 feet, for a pad located in the Cattle
Show Arena (between Cattle Barn 2 and 3).
2.11.6 Charge for load-in, shape, spread, level or load-out dirt 6-8 inches deep,
measuring approximately 65 feet x 170 feet, for a pad located in the parking
lot just south of Cattle Barn 4.
2.12 Arena Maintenance: Charge to level, shape, blade, roll and pack various arenas, as
identified below. Charges include all labor and equipment, within time restrictions set
by WRMC.
2.12.1 Coliseum —approximately 125 feet X 250 feet.
2.12.2 Jahn Justin Arena—approximately 110 feet X 260 feet.
2.12.3 Watt Arena—approximately 100 feet X 200 feet.
2.12.4 Multi-Purpose Building—approximately 100 feet X 190 feet.
2.12.5 Pavilion—approximately 125 feet x 250 feet.
Vcndor Services Agreement Page 12 of 14
v.I.1(March 29,2 02 1)
2.12.5 Show Arena—approximately 44 feet x 300 feet.
2.13 Purchase of additional material: Cost per cubic yard for specified dirt to replace
WRMC inventory within time restrictions set forth by WRMC. All loads must be free
of weeds, rocks, insects and other foreign particles. Price to include delivery.
2.13.1 Sandy loam—Before installation several basic soil tests will be performed to
make sure that material is appropriate for the arena. These tests are to insure
that the content of the selected material is consistent with the materials that
have been installed in many other facilities across the country.
2.13.2 Select sand — Using dry sieve analysis, sand should have the following
approximate characteristics: 5 percent(%) retained on#50 screen, 32%
retained on#70 screen, 42% retained on#100 screen and 21% retained#200
screen.
2.13.3 Clay base—Before installation, several basic soil tests will be performed to
make sure that material is appropriate for the arena. These tests are to insure
that the content of the selected material is consistent with the materials that
have been installed in many other facilities across the country.
2.14 Hourly Charges: Charges to include labor and equipment.
2.14.1 Hourly rate to shape, level, roll and pack various arenas or exercise pads
upon service requested by WRMC for clients.
2.14.2 Hourly charge to install, level, and/or remove sand, additional dirt, animal
waste or wood shavings from various arenas or exercise pads as needed
within time restrictions set by WRMC.
2.14.3 Hourly charge for 3'/z yard loader to facilitate the movement of dirt around
the facility for WRMC when needed and within time restrictions set by
WRMC.
2.14.4 Hourly charge for 12 to 14 yard dump truck to move dirt around the facility
for WRMC when needed and within time restrictions set by WRMC.
Vendor Services Agreement Page 13 of 14
v.1.I (March 29,2021)
EXHIBIT B
PAYMENT SCHEDULE
1. Compensation.
City will pay Vendor for each hour of Services performed pursuant to this Agreement up to a total of
eight hundred and ninety-five thousand ($595,000). Vendor will not perform any additional services
or bill for expenses incurred for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services.City will not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves such expenses in
writing.
1.2 On or before the 1 Oth day of each month of this Agreement,the Vendor will
provide the City with a signed fee invoice summarizing(i)the portion of the Services that have
been completed during the prior month and(ii) any additional visits that have
been incurred during the prior month. Vendor must provide the City with an invoice in order to
be paid. Invoices must be submitted to Supplierinvoices�7a�,,fortworthtexas.gov
Vendor Services Agreement Page 14 of 14
v.l.l (March 29,2021)
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0906
LOG NAME: 13P 22-0176 DIRT WORK SERVICES EC PED
SUBJECT
(CD 7)Authorize Execution of a Purchase Agreement with Coy L. Beauchamp Arenas, LLC.for Dirt Work Services in an Annual Amount Up to
$895,000.00 and Authorize Up to Five Automatic Renewal Options for the Same Annual Amount for the Public Events Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of a purchase agreement with Coy L. Beauchamp Arenas,LLC for dirt work services
in an annual amount up to$895,000.00 and authorize up to five automatic renewal options for the same annual amount for the Public Events
Department.
DISCUSSION:
The Public Events Department approached the Purchasing Division to procure an annual agreement for dirt work services and supplies at the Will
Rogers Memorial Center(WRMC)facilities. Under the proposed agreement the vendor will provide dirt haul in, preparation,and removal for the
various venues at WRMC managed by the Public Events Department,and to provide dirt,sand,and clay as commodities to the Public Events
Department. In order to procure the service,staff issued Invitation to Bid(ITB)Number 22-0176.The ITB consisted of detailed specifications
describing the contractor's responsibilities and requirements to provide these services and supplies.
The ITB was advertised in the Fort Worth Star-Telegram for three consecutive weeks:Wednesday July 6,2022,Wednesday July 13,2022 and
Wednesday July 20,2022.The City received a sole response.An evaluation panel comprised of members of the the Public Events Departtment
and the Property Management Department reviewed and scored the submittals using the Best Value criteria.
The individual scores were averaged for each of the criteria and the final scores are listed in the table below.
Proposer Evaluation Factors
0®Ec 7I " Total Score Rank
Coy Beauchamp Arenas, LLC 29.17 14.67 7.33 35 86.17 0
Best Value Criteria:
A)Contractor's qualifications,experience,and references
B)Availability of resources to provide services(personnel and equipment)
C)Contractor's ability to meet the city's needs
D)Cost of service
After evaluation,the panel concluded that Coy Beauchamp Arenas, LLC.presents both the best value and the necessary coverage for the
City,therefore,the panel recommends that Council authorize an agreement with Coy Beauchamp Arenas LLC. No guarantee was made that a
specific amount of services would be purchased.Staff certifies that the recommended vendor bids met specifications.
FUNDING:The maximum annual amount allowed under this agreement will be$895,000,however the actual amount used will be based on the
need of the department and available budget. Funding will be budgeted in the Other Contractual Services Account within the Public Events
Department's Culture and Tourism Fund.
BUSINESS EQUITY:A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the
Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
AGREEMENT TERMS: Upon City Council approval,the agreement will begin upon execution and will end Setember 30,2023.
RENEWAL OPTIONS:This agreement may be automatically renewed for up to four(4)automatic one-year renewal periods(October 1 to
September 30)and for a fifth renewal period which shall run from October 1 to the anniversary date of execution.This action does not require
specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal
term.
ADMINISTRATIVE CHANGE ORDER:An administrative change order or increase may be made by the City Manager up to the amount allowed by
relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation,funds are available in the current operating budget,as
previously appropriated, in the Culture and Tourism Fund. Prior to an expenditure being incurred,the Public Events Department has the
responsibility to validate the availability of funds.
Submitted for City Manager's Office by. Reginald Zeno 8517
William Johnson 6122
Originating Business Unit Head: Reginald Zeno 8517
Michael Crum 2501
Additional Information Contact: Anthony Rousseau 8338
Eugene Chandler 2057