HomeMy WebLinkAboutContract 59227CITY OF FORT WORTH, TEXAS CSC No. 59227
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:
WRMC Auditorium Roof Replacement.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" — Scope of Services;
Attachment "A", which are 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 WRMC Auditorium Roof
Replacement.
(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 $99,000.00 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
City of Fort Worth, Texas Standard Agreement for Professional Services
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CITY SECRETARY
FT. WORTH, TX
same.
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.
Upon completion, the Architect may, at its option, utilize the Project to qualify for the
Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under
IRS guidelines. If requested, the Owner shall acknowledge the Architect as the
"Designer" of the Project by completing an allocation form (that Architect will provide)
and shall allow the Architect's independent third -party evaluation firm (and its licensed
inspector) reasonable access to perform a one-time, on -sire inspection and certification
of the Project's HVAC, interior lighting and/or building envelope systems.
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.
City of Fort Worth, Texas
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(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.
Article VI
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.
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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.
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.
City of Fort Worth, Texas
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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.
(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.
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(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
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Consultant acknowledges the MBE
and SBE goals established for this Agreement and its accepted written commitment to
MBE and SBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant may result in the
termination of this Agreement and 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.
City of Fort Worth, Texas Standard Agreement for Professional Services
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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.
Article XV
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 XVI
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
City of Fort Worth, Texas Standard Agreement for Professional Services
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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.
Article XVII
No Boycott of Israel
If Architect has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Architect 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
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, Architect certifies that Architect's signature provides written
verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the Agreement.
Article XVIII
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.
Article XIX
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)
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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.
Article XX
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
City of Fort Worth, Texas
Revision Date: 11/22/2021
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Standard Agreement for Professional Services
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Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
Dana &Whgo f
By: Dana Burghdoff (Ap 13, 2023' :22
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Apr 13, 2023
Approval Recommended:
By. Stev (Apr 6, 2023 16:03 CDT)
Name: Steve Cooke
Title: Director, Property Management Dept.
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By: E kVs '
Name: Jannette Goodall
Title: City Secretary
VENDOR:
PBK Architects, Inc dba Beam Professionals
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By: Harold Stephens (Ar3,2023 14:04 CDT)
Name: Harold Stephens
Title: Vice President
Date: Apr 3, 2023
City of Fort Worth, Texas
Revision Date: 11/22/2021
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.
1-1 Uc VER07
Name: Nikita N. Watts
Title: Sr. Capital Projects Officer
Approved as to Form and Legality:
By:
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
M&C: n/a
Page 10 of 10
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Standard Agreement for Professional Services
Project Name
14001 North Dallas PkwNj suite 400 Attachment "A"
Dallas Texas 73240
Phone. 972-233-1323
Fax:972-233-1373
wwvv BEAM Prof com
March 29,2023
Mr. Ronald Clements
Registered Architect Property Management Department
City of Ft Worth
✓BEAM 401 W 13'h Street
Fort Worth, TX 76102
Reference: Fee Proposal Roof Construction Documents through Construction Administration
for the Auditorium at Will Rogers Center
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 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.
I. SCOPE OF WORK:
Will Rogers Center Auditorium 3401 W Lancaster Ave, Fort Worth, TX 76107
Construction Documents:
Provide complete roof replacement construction documents, bidding services and construction
administration services for the above building at the Will Rogers Center 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:
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 e
regular basis, attend OAC meetings weekly or as designated by the district.
To: Mr. Ronald Clements
March 29, 2023
Page 2
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.
Will Rogers Center Auditorium Re -Roof —
EST. Owners Construction Cost $1,650,000.00 A/E Fees $99,000.00
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 and/or MEP 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
hesitate to contact me at 817-332-4333 if I can provide any further information or clarification at this time.
Sub ed
arold Stephens, Vice Preside
BEAM Professionals
{
Appr
Name: Keith A. Chisolm
City of Fort Worth
Capital Projects Manager
Date:
Date: MAR 30, 2023