HomeMy WebLinkAboutContract 26222 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT §
AND DENTON
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
This contract is made by the City of Fort Worth, Texas, a municipal corporation situated
in Tarrant and Denton Counties, Texas, hereinafter called "City", and Carter & Burgess, Inc., a
Texas corporation, hereinafter called "Consultant", both parties acting herein by and through
their duly authorized representatives:
1. Scope of Services.
In accordance with generally accepted professional standards, Consultant agrees to
provide the services listed in Exhibit "A," attached hereinafter and incorporated into this
agreement hereby.
2. Compensation:
a. The compensation to be paid to Consultant for all services performed hereunder
shall be as provided in Exhibit "A," section V. "BASIS OF COMPENSATION." City and
Consultant agree on an estimate of $485,000.00, but both parties recognize that the amount is
subject to considerable variation because the volume of services is contingent on the level of
private sector activity. Consultant will provide a monthly statement to City for services rendered,
which shall include all expenses incurred by Consultant.
b. It is understood that this Contract contemplates the provision of full and complete
consulting services for this project, including any and all necessary changes or contingencies to
complete the work as outlined in Section 1, "Scope of Services", for the compensation described
in Section 2.a.
3. Term.
The term of this Contract is from the first day of October 2000 through the 30th day of
September 2001, unless terminated earlier as provided herein. The contract may be renewed
upon mutual agreement of the parties.
4. Termination.
a. City may terminate this Contract at any time for any cause by notice in writing to
Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for all supplies,
assistance, facilities and materials in connection with the performance of this Contract.
Consultant shall proceed to cancel promptly all existing contracts insofar as they are chargeable
to this Contract. If the City terminates this Contract under this Section 4.a., the City shall pay
Consultant for services actually performed in accordance herewith prior to such termination, less
such payments as have been previously made, in accordance with a final statement submitted by
Consultant documenting the performance of such work.
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Carter&Burgess Contract for Professional Consulting Services Page I a °2L.!-O—"---August 28,2000
b. In the event no funds or insufficient funds are appropriated and budgeted by City
in any fiscal period for any payments due hereunder, City will notify Consultant of such
occurrence. This Contract shall 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 shall have been
appropriated and budgeted. City has informed Consultant that, concurrently with approval of this
Contract, City will appropriate and budget 100% of the funds specified in this Contract, so that
all funds will be appropriated and budgeted prior to the commencement date of this Contract.
C. Upon termination of this Contract for any reason, Consultant shall provide the
City with copies of all completed or partially completed documents prepared under this Contract.
5. Amendment
City may amend this Contract at any time in writing to Consultant. City and Consultant
shall mutually agree upon any amendment to this Contract.
6. Indemnification.
a. Consultant shall indemnify and hold the City and its officers, agents and
employees harmless from any loss, damage, liability or expense for damage to property and
injuries, including death, to any person, including but not limited to officers, agents or employees
of Consultant or subcontractors, which may arise out of any negligent act, error or omission in
the performance of Consultant's professional services. Consultant shall defend, at its own
expense, any suits or other proceedings brought against the City, its officers, agents and
employees, or any of them, resulting from such negligent act, error or omission. Consultant shall
pay all expenses and satisfy all judgments which may be incurred by or rendered against them or
any of them in connection therewith resulting from such negligent act, error or omission.
7. Insurance.
a. Consultants shall not commence work under this Contract until it has obtained all
insurance required under this section 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.
b. Compensation Insurance. Consultant shall take out and maintain during the life of
this Contract statutory Workers' Compensation Insurance for all of its employees performing any
of the services hereunder. In case any work is sublet, Consultant shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's employees unless
such employees are covered by the protection afforded by Consultant's insurance.
C. Public Liability and Property Damage Insurance. Consultant shall take out and
maintain during the life of this Contract such public liability and property damage insurance as
shall protect Consultant and any subcontractor performing work covered by this Contract from
claims for personal injuries, including death, as well as from claims for property damages or
losses which may arise from operations under this contract, whether such operations be by
Consultant or by any subcontractor or by anyone directly or indirectly employed by either of
them. The amount of such insurance shall be as follows:
(1) Public Liability Insurance. In an amount no less than Two Hundred Fifty
Thousand Dollars ($250,000) for injuries, including accidental death, to any one person; and
subject to the same limit for each person, in an amount not less than Five Hu sand
( Ia�
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Dollars($500,000) on account of one accident;
(2) Property Damage Insurance. In an amount not less than Five Hundred
Thousand Dollars ($500,000);
(3) Umbrella Policy. In an amount not less than One Million Dollars
($1,000,000);
d. Proof of Insurance Coverage. Consultant shall furnish the City with a certificate
of insurance as proof that it has obtained for the duration of this Contract the insurance amounts
required herein. Consultant's insurance policy shall provide that the insurer shall give the City
thirty (30) days' prior written notice before altering, modifying or terminating the insurance
coverage.
8. Independent Contractor.
Consultant shall perform all work and services hereunder as an independent contractor
and not as an officer, agent or employee of the City. Consultant shall have exclusive control of,
and the exclusive right to control, the details of the work performed hereunder and all persons
performing same and shall be solely responsible for the acts and omissions of its officers, agents,
employees and subcontractors. Nothing herein shall be construed as creating a partnership or
joint venture between the City and the Consultant, its officers, agents, employees and
subcontractors; and the doctrine of respondent superior shall have no application as between the
City and the Consultant.
9. Disclosure of Conflicts.
Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of
any existing or potential conflicts of interest related to the services to be performed hereunder.
Consultant further warrants that it will make prompt disclosure in writing of any conflicts of
interest which develop subsequent to the signing of this Contract.
10. RiLht to Audit.
Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine any directly pertinent
books, documents, papers and records of the consultant involving transactions relating to this
Contract. Consultant agrees that the City shall have access during normal working hours to all
necessary Consultant facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this section. The City shall give
Consultant reasonable advance notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor 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 subcontractor involving
transactions to the subcontract. City shall have access during normal working hours to all
subcontractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor
reasonable advance notice of intended audits.
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11. Prohibition of Assignment.
Neither party hereto shall assign, sublet or transfer its interest herein without the prior
written consent of the other party, and any attempted assignment, sublease or transfer of all or
any part hereof without such prior written consent shall be void.
12. M/WBE Goals; Nondiscrimination.
a. Consultant acknowledges its commitment to meet or make "good faith" effort to
meet the City of Fort Worth's goals for Minority/Women Business Enterprises (M/WBE)
participation in City contracts. M/WBE participation was part of the evaluation criteria used in
the award of this Contract; therefore, failure to comply may result in the Consultant being
classified as nonresponsive and being barred from City work for a period of not less than three
(3) years. Consultant agrees to furnish documentation of M/WBE participation such as canceled
checks, etc., or such evidence as may be deemed proper by the City of Fort Worth. At the pres-
ent time this paragraph does not apply since Consultant has not nor does not plan to retain the
services of any subcontractors in connection with the performance of this Contract.
b. As a condition of this Contract, Consultant covenants that it will take all necessary
actions to insure that, in connection with any work under this Contract, Consultant, its associates
and subcontractors, will not discriminate in the treatment or employment of any individual or
groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical
handicap unrelated to job performance, either directly, indirectly or through contractual or other
arrangements.
13. Choice of Law; Venue.
a. This Contract shall be construed in accordance with the internal law of the State
of Texas.
b. Should any action, whether real or asserted, at law or in equity, arise out of the
terms of this contract, venue for said action shall be in Tarrant County, Texas.
EXECUTED on this the day of (0 , 20
A EST: CITY OF RT WORT
BY:
L-1 a , 0-1,7 4:A-eL
City Secretary 0 Libby Watson
Assistant City Manager
APP OVED ArkTO FORM AND LEGALITY:
d� City Mtorney .:ontract Authorization
CARTER&BURG S S, IN Date
BY: BY:
TITLE: r - TITLE:
Carter&Burgess Contract for Professional Consulting Services Page 4 r gust 28,2000
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EXHIBIT A
SCOPE OF SERVICES
I. PROJECT DESCRIPTION
The project consists of professional services for the City of Fort Worth Fire Department
Bureau of Fire Prevention. Fire protection systems reviews and associated tasks shall be
in accordance with City of Fort Worth Ordinance Nos. 13625 andl3636 (or replacement).
II. SCOPE OF SERVICES
A. BASIC SERVICES
1. Sprinkler Plan Review:
a) Review Hazard Classification.
b) Review Spacing and Location of Sprinklers.
c) Review Adequacy of Water Supply Information.
d) Review Piping Materials, Valves and Fittings.
e) Review Hydraulic Calculations, limited to the hydraulically most
remote area(s).
f) Review Type of Systems.
g) Verify Component Listing.
h) Review of fire department connection location relative to fire hydrant
and fire lane locations.
i) Review of backflow prevention device location, if device located on
sprinkler riser, per City standards.
2. Fire Alarm Plan Review:
a) Review Fire Alarm Control Panel and Sub Panels.
b) Review Wiring Materials and Methods.
c) Review Batteries and Battery Calculations.
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EXHIBIT A
SCOPE OF SERVICES
d) Verify Compatibility of System Components.
e) Review Power Supply, including voltage drop calculations, power
requirements, etc.
f) Review Control Functions.
g) Review Cause and Effect of initiating devices.
3. Gaseous or Dry Chemical Suppression:
a) Review of the System Detection and Releasing Panel/Function per
items in item 2 above.
b) Review of Design Concentration for Hazard Involved.
c) Review Piping Materials, Hangers and Locations.
d) Verify Bottle and Nozzle Sizing.
e) Review of Flow Calculations.
4. Standpipe Systems:
a) Review Standpipe Type.
b) Review Spacing and Location of Hose Outlets.
c) Review Adequacy of Water Supply Information.
d) Review piping materials, valves and fittings.
e) Review Hydraulic Calculations, limited to the hydraulically most
remote standpipe.
5. Underground Fire Service Mains:
a) Review of backflow prevention device location per City standards.
b) Review of piping materials, embedment,joint restraint method.
c) Review of fire hydrant locations, valving, painting per City code.
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EXHIBIT A
SCOPE OF SERVICES
d) Review of fire department connection location relative to fire hydrant
and fire lane locations.
e) Review of drawing notes for testing information, other design criteria.
f) Review of flow test data and location.
6. Sprinkler Tenant Finish-Out Projects (add/relocate < 100 sprinklers with no
new riser):
a) Review of sprinkler types, locations, obstructions, spacing.
b) Review of pipe layout, sizing.
c) Review of hydraulic calculations, if provided.
7. Fire Alarm Tenant Finish-Out Projects (add/relocate < 25 devices with no new
fire alarm control panel):
a) Review Batteries and Battery Calculations.
b) Verify Compatibility of System Components.
c) Review Power Supply, including voltage drop calculations, power
requirements, etc.
d) Review Control Functions.
e) Review Cause and Effect of initiating devices.
f) Review device locations and spacing.
8. Smoke Control Systems:
a) Review of system design criteria.
b) Review of controls sequences, logic. .�I fi�G�l s EUQD
c) Review of detection devices, locations.
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d) Review of control panel and associated equipment.
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EXHIBIT A
SCOPE OF SERVICES
e) Review of interface with building fire alarm system.
9. Consultation Services:
a) Response by phone to questions on general fire protection system
code/standard issues from designers/installers.
b) Attendance at meetings or functions, as requested by the Fire Marshal
or Fire Inspection Section Carter and Burgess designated contact, for
advising Fort Worth Fire Department staff on technical issues.
c) Response to requests from the Fire Marshal or Fire Inspection Section
Carter and Burgess designated contact for staff support, technical
information, research, plans processing, or other services.
B. LIMITATIONS
1. In accordance with Ordinance Nos. 13625 and 13636, Carter& Burgess, Inc.
shall review shop drawings for compliance with the ordinances and in the
proper context of the occupancy. Carter& Burgess will not make
determination as to whether a system is required by code or not for that
occupancy. Carter&Burgess will not enforce items in excess of the code
such as, items added in engineer's contract documents, insurance
requirements, or Owner's preference, except that the additional items are
within proper design and installation parameters.
C. CONFLICT OF INTEREST
1. In order to avoid conflicts of interest, Carter& Burgess will defer to City staff
all projects in which Carter&Burgess has performed fire protection
engineering services.
IlI. PROVISIONS BY THE CITY
A. REVIEW APPROVAUREJECTION
1. The City of Fort Worth will determine whether a submittal is approved or
rejected, based on the review letter provided by Carter & Burgess under Item
IV.A.3, below.
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EXHIBIT A
SCOPE OF SERVICES
B. PLAN SUBMITTALS
1. The City will provide plans folded to 8-1/2-inch by 11-inch.
C. GUIDELINES
1. The City will provide written procedural guidelines, as necessary, for the
services described herein.
IV. PROVISIONS BY CARTER & BURGESS, INC.
A. PLAN SUBMITTALS
1. Carter& Burgess will hand carry plans to and from the City Fire Prevention
Bureau on a twice daily basis, at approximately 10:00 AM and 3:00 PM.
2. Plans will be returned to the City on or before the eighth working day after
receipt, except for underground fire service main or tenant finish-out projects,
which will be returned on or before the fourth working day after receipt.
3. A review letter will be provided with each set of plans outlining deficiencies
found, and recommending approval/rejection. Authority for actual
approval/rejection of submittals rests solely with the City.
4. An invoice will be provided with each set of returned plans, that includes a
verified count of sprinklers or alarm devices. A monthly invoice will be sent,
listing all previous services for the month.
5. A quarterly report will be provided which details number of reviews
completed, review hours, on-time vs. late reviews, number of phone
consultations, consultation hours and costs, prior totals (actual vs. budget),
and projected billing for next quarter.
6. A review schedule sorted by permit number, and indicating status of
submittals, due dates, and review fees will be provided on a weekly basis.
7. A list of projects in the City for which Carter& Burgess has performed fire
protection engineering services, for preventing conflict of interest per II.C.1
above, will be provided on a monthly basis.
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EXHIBIT A
SCOPE OF SERVICES
B. PROJECT PERSONNEL
1. Carter and Burgess will provide, for approval by the City, a letter listing
personnel and their qualifications for performing work on this contract. Any
future additions to or deletions from this personnel list will be provided, as
needed, to the City for review and approval.
2. HOURLY BILLING RATES
3. Services provided in this contract with compensation determined by an hourly
billing rate will be billed as follows:
Project Director $125.00
Project Manager $115.00
Senior Reviewer $105.00
Reviewer $90.00
Administrative Assistant $50.00
V. BASIS OF COMPENSATION
A. SPRINKLER PLANS:
1. Initial plan evaluation fee:
$300.00 for the first 100 sprinklers.
$0.50 per head for all additional sprinklers.
$150.00 additional if the system has a fire pump.
$100.00 additional if the system uses foam.
$2,000.00 maximum fee per permit
Re-evaluation fee: 50% of the initial plan evaluation fee.
2. Carter &Burgess will bill the City of Fort Worth, for jobs of 100 sprinklers or
less, on a billing rate schedule basis not to exceed $300.00 (see IV.C.1).
3. For multi-permitted projects of typical floor/building types, Carter& Burgess
will bill the City of Fort Worth in the following manner:
a) Projects of 100 sprinklers or less on an hourly billing rate basis (see
IV.C.1).
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EXHIBIT A
SCOPE OF SERVICES
b) On projects larger than 100 sprinklers, Carter &Burgess will bill time to
confirm that project matches or mirrors the master design on an hourly
billing rate basis (see IV.C.1).
c) The initial plan evaluation fee shall be based on one plan or each typical
building/floor plan.
B. UNDERGROUND FIRE SERVICE MAINS:
The following fees apply to a single private fire service main only.
1. Initial evaluation fee:
Carter& Burgess will bill the City of Fort Worth on a billing rate schedule
basis (see IV.C.1).
Re-evaluation fee: 50% of the initial plan evaluation fee.
C. TENANT FINISH-OUT PLANS:
1. The following fees apply to tenant finish-out sprinkler submittals of fewer
than 100 sprinklers with no new riser.
a) Initial evaluation fee:
Carter& Burgess will bill the City of Fort Worth on a billing rate schedule
basis not to exceed $300.00 (see IV.C.1).
b) Re-evaluation fee: 50% of the initial plan evaluation fee.
2. The following fees apply to tenant finish-out fire alarm submittals of fewer
than 25 devices with no fire alarm control panel.
a) Initial evaluation fee:
Carter& Burgess will bill the City of Fort Worth on a billing rate schedule
basis not to exceed $275.00 (see IV.C.1).
C) Re-evaluation fee: 50% of the initial plan evaluation fee.
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EXHIBIT A
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D. STANDPIPE PLANS:
The following fees apply to separate standpipe systems only. If the standpipe
shares common piping with a sprinkler system, the evaluation of the standpipe is
included in the sprinkler plan evaluation fees above.
1. Initial plan evaluation fee:
$165.00 total, for Class 1 systems.
$200.00 total, for Class 2 or 3 systems.
$150.00 additional if the system has a fire pump.
$1,000.00 maximum fee per permit.
Re-evaluation fee: 50% of the initial plan evaluation fee.
E. FIRE ALARM PLANS
1. Initial plan evaluation fee:
$275.00 for the first 25 devices*.
$0.50 per device for all additional devices.
$75.00 each for each additional panel**.
$2,000.00 maximum fee per permit
Re-evaluation fee: 50% of the initial plan evaluation fee.
Carter &Burgess will bill the City of Fort Worth, for jobs of 25 devices or less,
on a billing rate schedule basis not to exceed $275.00 (see IV.C.1).
* Device is an initiating or indicating device, such as, a manual pull station,
a smoke detector, a heat detector, a monitor module, a control module, a
horn, a speaker, a bell, or a strobe.
** Additional panel includes an additional fire alarm control panel, voice
evacuation, remote annunciator, or a transponder.
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EXHIBIT A
SCOPE OF SERVICES
F. GASEOUS OR DRY CHEMICAL SUPPRESSION SYSTEMS
1. Initial plan evaluation fee:
$275.00 for the first 7 nozzles.
$30.00 per nozzle for each additional nozzle.
$1,000.00 maximum fee per permit.
Re-evaluation fee: 50% of the initial plan evaluation fee.
G. ADDITIONAL REVIEW OF PLANS PREVIOUSLY APPROVED
Previously approved plans submitted due to design changes will be reviewed on a
billing rate schedule basis (see IV.C.1).
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Carter&Burgess Contract for Professional Consulting Services Page 9 of 9 August 28,2000
City of Fort Worth, Texas
"61yor And Council Communication
DATE REFERENCE NUMBER LOG PA
NAME GE
9/26/00 C-18258 36RENEW 1 of 2
SUBJECT RENEWAL OF CONTRACT WITH CARTER & BURGESS, INC. FOR PROFESSIONAL
CONSULTING SERVICES FOR THE FIRE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to exercise the fifth option to renew
the contract with Carter & Burgess, Inc. for professional services for the Fire Department from October
1, 2000, through September 30, 2001.
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DISCUSSION:
In early 1995, in response to the construction industry, the Fire Department initiated a comprehensive
study of the process used by the Bureau of Fire Prevention to review plans for fire protection system
installations. A focus group consisting of fire protection contractors, building owner representatives,
engineers, architects, and Fire Department personnel completed an evaluation and recommended M
contracting with an engineering firm for plan review services. Proposals were solicited, with evaluations
of the submitted proposals conducted by three engineers and one architect from various City
departments. The recommendation was to award the contract to Carter& Burgess, Inc.
On April 9, 1996 (M&C C-15399), the City Council authorized a six-month contract with consecutive
one-year renewals with Carter & Burgess, Inc. for review of fire protection plans for the Fire
Department. One-year renewals were made by the City Council for FY1996-1997 (M&C C-15696),
FY1997-1998 (M&C C-16403), and FY1998-1999 (M&C C-17234). A two-month extension of the
FY1998-1999 renewal was made on October 5, 1999 (M&C C-17677). A ten-month renewal was made
by the City Council for FY1999-2000 (M&C C-17774) on December 7, 1999.
Staff has reviewed and approved a request from Carter & Burgess, Inc. to increase hourly rates by 4%.
The hourly charges represent a small portion of the contract, and is charged when telephone calls are
necessary for completion of a plan review. Scheduling changes within the Bureau of Fire Prevention
have been implemented to eliminate the need for eight hours of engineering services per week
previously provided under the contract. This savings will offset the 4% increase in hourly rates.
The service rendered by Carter & Burgess, Inc. has been highly satisfactory, reducing the plan review
time, and efficiently managing the increase in review services as a result of the growth in development
activity. Staff recommends exercising the renewal provision of the contract.
City of Fort Worth, Texas
"allow and Council Communication
DATE REFERENCE NUMBER I LOG NAME I PAGE
9/26/00 C-18258 36RENEW 2 of 2
SUBJECT RENEWAL OF CONTRACT WITH CARTER & BURGESS, INC. FOR PROFESSIONAL
CONSULTING SERVICES FOR THE FIRE DEPARTMENT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the Fiscal Year 2000-2001 operating
budget, as appropriated, of the General Fund.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 ROVED
Originating Department Head: CITY COUNCIL
H.L.McMillen 6801 (from)
EP 26 2000
GG01 539120 0362000 $485,000.00
Additional Information Contact:
of Woi.; Tosax
H.L McMillen 6801