Loading...
HomeMy WebLinkAboutContract 58932CSC No. 58932 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and PBK Architects, Inc dba BEAM Professionals, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: PSB Roof assessment, construction documents, bidding services and administration. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; Attachment "A", which is attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachment "A" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with PSB Roof assessment, construction documents, bidding services and administration. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $29,627.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/27/2021 Project Name Page 1 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 14 months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/27/2021 Project Name Page 2 of 9 Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. City of Fort Worth, Texas Revision Date: 9/27/2021 Page 3 of 9 Standard Agreement for Professional Services Project Name f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/27/2021 Project Name Page 4 of 9 (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant 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 Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub -consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of fact (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of Agreement and City of Fort Worth, Texas Revision Date: 9/27/2021 Page 5 of 9 Standard Agreement for Professional Services Project Name debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction 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. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/27/2021 Project Name Page 6 of 9 Notices 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 return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth: Attn: Nikita N. Watts Sr. Capital Projects Officer 401 West 13t" Street Fort Worth, Texas 76102 Consultant: PBK Architects, Inc dba BEAM Professionals Attn: Harold Stephens, Vice President 100 Throckmorton St, Suite 1550 Fort Worth, Texas 76102 Article XVI Headings 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. Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Boycott of Israel If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/27/2021 Project Name Page 7 of 9 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" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Prohibition on Boycotting Energy Companies Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will 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. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Against Firearm and Ammunition Industries Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will 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. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/27/2021 Project Name Page 8 of 9 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth bay 8rr,OA&'25� By: Dana Burghdoff ( 24, 20 15:23 CST) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Feb 24, 2023 Approval Recommended: By: Steve (Feb 10•2023 17:07 CST) Name: Steve Cooke Title: Director, Property Management Dept. avonpU Attest: p OF F�RT�pap �o OVo a=0 � �<,1aes a�db aEXA?op By: Name: Jannette Goodall Title: City Secretary VENDOR: PBK Architects, Inc dba BEAM Professionals f igro%I St' ens By: HaroldHarold S eb 202313 17 CST) Name: Harold Stephens Title: Vice President Date: Feb 8, 2023 City of Fort Worth, Texas Revision Date: 9/27/2021 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. By: 4�S2 Name: Nikita N. Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: By: e Name: John B. Strong Title: Assistant City Attorney Contract Authorization: M&C: n/a Page 9 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Standard Agreement for Professional Services Project Name Attachment "A" 14001 North Dallas Pkwy, Suite 400 Dallas, Texas 75240 Phone 972-233-1323 Fax:972-233-1373 www BEAM Prof com February 6, 2023 Mr. Ronald Clements Registered Architect Property Management Department City of Ft Worth 401 W 131h Street Fort Worth, TX 76102 Reference: Fee Proposal Roof Assessment, Roof Construction Documents through Construction Administration for the Ft Worth Municipal Court Building Dear Mr. Clements On behalf of BEAM, we want to express how much we genuinely appreciate the request to provide Building Envelope Consulting services for a roof assessment and reroofing at the above -named facilities. BEAM will deliver full comprehensive Building Envelope Consulting services for this reroofing projects. Our team understands the time sensitivity of these projects and stands ready to deliver as needed. SCOPE OF WORK: Ft Worth Municipal Court Building 1000 Throckmorton St, Ft Worth Texas 76102 Roof Assessment: Provide a comprehensive roof assessment to be provided to the city's other vendors to be included into a comprehensive building assessment. Construction Documents: Provide complete roof replacement construction documents, bidding services and construction administration services for the above address. BEAM Professionals will provide design, construction documents, assistance in bidding and construction administration to provide design services for reroofing scopes of the above campuses. II. SCOPE OF SERVICES: BEAM understands the scope of work to be as follows: Roof Assessment: Beam Professionals will review relevant information provided by the client for overall familiarization with the facilities and their existing conditions. These documents may include as -built drawings, leak logs, contractor estimates for previously completed repairs, digital photographs, etc. Beam Professionals will perform a visual assessment of the roofing system at the subject property to document existing conditions and develop recommendations for areas requiring corrective action; repairs or reroofing The initial roof assessments will be conducted by one Beam Professionals staff during up to one full day on site and will generally include review of the following: Roof membrane system Base flashings, curb flashings, penetration flashings and wall flashings Metal flashings, metal and / or stone coping Roof penetrations and drainage systems Any parapet wall conditions that impact the performance of the roof system and any cladding systems or wall penetrations. Beam Professionals will prepare and issue a written report within four business days of the assessment inclusive of the following: Summary of installed materials and observed conditions. Recommendations for maintenance/repair/replacement. Recommendations for additional investigation or testing (if necessary). Digital photographs To: Mr. Ronald Clements February 6, 2023 Page 2 Construction Documents (CD) — BEAM will develop a design solution based on existing conditions. We will then develop the design into a set of documents and specifications that define in sufficient detail all components of the project. This documentation will be suitable for bidding, permitting. Deliverables in the CD phase will include: • Roof plans • Roof Details • Specifications • Bidding and Negotiations: • Pre -Construction meeting: • Contractor Shop Drawing review: • Construction Phase Observations: BEAM will attend a pre -proposal conference/walk with the contractors. BEAM will provide addenda and clarification during the bidding process for construction and purchasing. Construction Administration — Contract administration will include the processing of shop drawings and submittals, site visits by a designated BEAM construction representative will be conducted on a regular basis, attend OAC meetings weekly or as designated by the district. III. COMPENSATION: BEAM is pleased to offer our comprehensive corporate design services for this project at an approximate fee of assessment fee and 6% of the estimated roof replacement of the project. Fees will be based off finale construction cost. Roof Assessment fee— A/E Fees $ 3,500.00 FW Municipal Building Re -Roof — EST. Construction Cost $435,456.00 A/E Fees $26,127.00 Reimbursables —Reimbursables for this project will include only pre -approved reimbursables by Owner - potential approved costs associated maybe print and/or reproduction costs associated with project documentation (deliverables). In addition, structural engineering costs, if any, will be billed as a reimbursable. Reimbursables will be billed at cost (no markup). SCHEDULE We know this project is important to the city and BEAM has the staff and time to dedicate the appropriate resources to begin as soon as contracts and PO's are completed. We sincerely appreciate the opportunity to provide a fee proposal for this exciting project. Please do not i provide any further information or clarification at this time Date Approved by: Date: Name: City of Fort Worth