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CITY OF FORT WORTH, TEXAS
AGREEMENT FOR PLAN REVIEW SERVICES
PROFESSIONAL SERVICE AGREEMENT
STATE OF TEXAS
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COUNTY OF T�+�RRANT
KNOWN ALL BY THESE PRESENTS:
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THIS AGREEMENT, entered into the .--� ' day of ;��, �� � j,_ � , 2006,
between the CITY OF FORT WORTH, a home rule municipal cozporation of the State
of Texas located within Tarrant, Denton, Parker and Wise Counties, Texas ("City"),
acting herein by and through Dale Fisseler, its duly authorized Assistant City Manager,
and Harris & Associates, ("Consultant") by Jeffrey M. Cooper, P.E., its duly authorized
Senior Vice President, to provide plan review services as expressed herein and in the
Attachmenis hereto. City and Consultant may be referred to herein individually as a
"Party", and collectively as the "Parties".
WHEREAS, on August 22, 2006, via M&C C-21 b24, the City Council approved
execution of a contract with Consultant for plan review services for the xemainder of the
2005-200b fiscal year with three one-year renewal options; and
WHEREAS, this Agreement was not executed prior to September 30, 2006 and
no services were provided within the 2005-2006 fiscal year; and
WHEREAS, this Agreement shall commence upon the date it is fully executed by
the parties for a term of one-year therefrom and the City shall have two one-year renewal
options.
THEREFORE, In consideration of the mutual promises contained in this
Agreeznent, the parties agree as follows:
1.0 SCOPE �F WORK & CONTRACT D�OCUMENTS
A. The contract docurnents shall include this Agreement, RFP #OS-Q19b,
Consultant's Response fio RFP #OS-0196 and Consultant's amendments as
expressed in letters dated 1-23-06 and 2-8-06. If there are any conflicis
beiween RFP #OS-0196, the Consultant's response(s), and this Agreement,
this Agreement shall control.
B. Consultant shall provide Architectural Plan Review sezvices, with limited
Mechanieal, Electrical, Plumbing (MEP) review, as included and set forth in
Attachrr�ent "C", Extra Item Check Sheet attached hereto and incorporated
herein. Architectural review shall be specified as non-structural Building
Code review.
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G Consultant shall provide review services per the applicable codes listed below,
as currently amended, and as may be amended in the future, inclusive of new
edztions adopted and amended.
2443 International Building Code (IBC), with local amendments.
2003 International Fire Code (IFC}, with local amendments. (Only as it relates
to the lisied codes. Fire Code review is not part of this service)
2003 International Mechanical Code (IMC), with local amendmei�ts.
2003 International Plumbing Code (TF'C), with Iocal amendments.
2003 International Fuel Gas Code (IFGC), with local amendments.
2002 National Electrical Code (NEC), with local amendments.
2003 International Energy Conservation Code (IECC), with local
amendments.
2003 International Residential Code (TRC), with local axnendments.
D. Upan request of the City, Consultant shall perform the fbllowing reviews:
l. Commercial review shall include all non-residential uses, including
aparhnents and multi-family units/structures, and townhouses ihat are noi
divided by property lines are included as apartmerlts.
2. Residential review shall inclade review under the International Residential
Code, as modzfied by Iocal amendment, excluding townhouses that are not
divided by property lines.
3. Review by the Consultant shall include limited MEP as defined by
Attachment "C", Extra Item Check Sheet.
4. Review by the Consultant shall not include handicap accessibility, Chapter
11 of the IBC, or ICC/ANSI A117.1 "Accessible and Usable Buildings
and Facilities".
E. Deliveries and/or acceptance of products andlor performance of serviced
orders shall be based upon a plan by plan basis. '
2.0 COMPENSATION & STANDARD PERFORMANCE TIMES
A. The amount paid to Consultant under this Agreement shall not exceed two
hundred and ten thousand dollars ($210,000.00). Compensation and
standard perfoxrnance shall be in aceordance with the following:
�. Attachment A— Proposed Costs, Scheduie of Perfornaance and proposal
letters.
2. Attachment B— Permit Fee Tables
Plan Review Setvices
Harris & Assoc.
Page 2 of 11
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Future Permit Fee increases will become an automatic amendment to this
contract on the effective date of the ordinance.
3. Attachment C— Extra Ttem Check Sheet
B. Compensation cannot exceed any amount budgeted by City Council for this
service. If for a.ny reason, at any time during any term of this Agreement, the
City Council fails to appropriate funds sufficient for the City to fulfill its
obligations under this Agreement, the City xnay terminate this Agreeinent to be
effective on the later of (i) thirty (30) days following delivery by the City to
Consultant of written notice of the City's intention to terminate or (ii) the last
date for which funding has been appropriated by the City Council for the
pu.tposes set forth in this Agreement. The City shall endeavor to monitor the
fiu�d expenditures to insure projects are not forwarded to the Consultant if
insufficient funds exist to cover the compensation.
C. The City shall have the right to negotiate requested fee increases, or terminate
tl�is Agreement pursuant to the provisions of Section 6.0 TERMINATION.
3.0 TERM
This Agreement shall commence on the date executed b� all parties and sha11
expire one year therefrom. The City shall have two one-year renewal options,
provided that sufficient funds have been appropriated. This Agreement may be
terminated as provided by the tertns of Section 6.0 TERMlNATION.
4.0 OWNERSHIP OF RECORDS AND D�CUNIENTS
The Consultant agrees that any and all drawings, computer discs, documents,
records, books, specifications, reports, estimates, summaries and sueh other
information and materials as the Consultant rnay have accumulated, prepared or
obtained as part of providing services under the terms of this Agreement by the
Consultant, shall belong to and shall remain the property of the City of Fort
Worth, Texas, except for those review materials not compensated for and returrzed
to the Consultant, as provided for under Section 6.0 TERMINATION.
Consultant agrees that the City will have the right to audit the financial az�d
business records of Consultant that relate to this Agreement and services provided
herein (collectively ��Records") at any time during the Term of this Agreement
and for iive (5) years thereafter in order to determine compliance with this
Agreennent. Tbroughout the Terzx� of this Agreement and for five (5) years
thereafter, Consultant shall make all Records available to the City at a location in
the City acceptable to both parties following reasonable advance notice by the
City and shall otherwise cooperate fully with the City during az�y audit.
Notvc�ithstanding anything to the contrary herein, this Section 4.0 shall survive
expization or earlier termination of this Agreement. _— __ _—__-- —__—_.- _
Plan Review Services
xa�s & asso�.
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S.0 INDEMNITY AND RELEASE
C'ONSULT�INT AGREES TO DEFEND, INDEMNIFY AND HOLD THE
CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES,
HARMLESS AGAINST ANY AND ALL CLAI1i�S, LAWSUITS, ACTIONS,
COSTS AND EXPENSES OF ANY KIND, INCL UDING, B U7' NOT LIMITED
TO, THOSE FOR PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED
DAMAGE OR LD.SS TO BUSINESS AND ANY RESULTING LOST
I'ROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT
li�l'AY RELATE T�, ARISE OUT OF OR BE OCCASIONED BY (i)
CONSULTANT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSXON OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,
AGENTS, ASSOCIATES, EMPL�YEES, CONTRACTORS (OTHER THAN
THE CITY) OR SUBCONTRACTORS, RELATED TO THE SERVICES
PROVIDED OR THE PERFORMANCE UNDE.B TH1'S AGREEMENT,
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS
PA1tAG.RAPH S.HALL NOT APPLY TO ANY L.IABILITY RESULTING
FROM THE SOLE N�GLIGENCE DF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES OR SEPARATE CDNTRACTORS, AND IN THE
EV.ENT OF JOINT AND CDNCURRENT NEGLXGENCE OF BOTH
CONSULTANT AND CITY, RESPONSIBILXTY, I�' ANY, SH.4LL B�
APPORTI4NED COMPARATIVELY IN ACCORDANCE WITH THE LAWS
�F THE STATE OF TEXAS. NOTHING HEREIN SHALL BE
CONSTRUED AS A WAIVER OF THE CITY'S GOVEIZNMENTAL
IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.
In addition to ihe indemnification requirement above, the Consultant shall execute
a staternent releasing Fort Worth from any liability for injury or property damage
incurred during this Agreexxient, unless such injury or property damage was the
result of intentiona� conduct committed by an employee of the City, Further, all
employees, officers, and agents of the Consultant or any subcontractor shall be
required to execute the release prior to entering into perfoz-mallce of any work
associated with this Ag,reennent.
6.4 TERMTNATION
A. This Agreement may be terminated only by the City, without cause and for
convenience on 30 days' written notice, as required by this Agreement.
B. Thzs Agreement xnay be terminated by either the City o� the Consultant for
cause if eitlaer party fails substantially to perform throngh no fault of the other
and does not commence correction of such nonperformance within five (5)
days of written notice as required by this Agreement and dzligently complete
the correction within thirty (30) days thereafter.
Plan Review Services
Harris & Assoc.
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C. If this Agreement is tezminated for the convenience of the City or without
cause by the City, the Consultant will be paid for termination expenses as
follows:
1. Cost of reproduction of partiat or complete studies, plans,
specifications or other forms of Consultant's wark product;
2. Out-of pocket expenses for purchasing storage coniainers, microfilm,
electronic data iiles, aa�d other data storage supplies or services;
3. The time requirements for the Consultant's personnel to document the
work underway at the time the City's termination for convenience so
that the work effort is suitable for long time storage.
4. Prior to proceeding with termination services, the Consultant will
submit to the City an itexnized statement of all terminaiion expenses.
The City's approval will be obtained in writing prior to proceeding
with termination services.
5. Upon cancellation, the City of Fort Worth wiil return any delivered hut
unpaid service reviews to the Cansultant.
7.0 CHANGE ORDERS
No oraI stateir�ent of any person shall modzfy or otherwise change or affect the
terms, conditions or specifications stated in this Agreement. AIl change orders to
this Agreement will be made in writing by the City of Fort Worth Purchasing
Department and approved by City Council.
8.0 CONFLICT OF INTEREST
No public official shall have interest in this contract, in accordance wiih Vernon's
Texas Codes A.nnotated, Local Government Code Title 5, Subtitled C., Chapter
171.
9.0 DISCI2IMINATiON
All Providexs must comply with City Ordinance 7278 as arnended by City
Oz-dinance 7400 (Fort Worth City Code Sections 17-66 to 17-67) prohibiting
discrimination i�n employment practices.
10.0 ASSIGNMENT
The Consul#ant may not assign its righis or duties under this Ag;reement vc�iihout
the prior written consent of the City of Fort Worth. Such conserlt sha11 n '��
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the assignor of liability in the event of default by its assignee, and such consent of
transfer to a Harris & Associates affiliate shall not be unreasonably withheld by
the City.
IN`SURANCE
General Requirements. Consultant shall maintain insurance in the following
types and amounts for the duration of this Agreement, and furnish certificate(s) of
insurance along with copies of policy declaration pages and policy endorsements
as evidence thereo£
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liabil�ty
$1,000,000 each accident on a combined single limit; or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A comnnercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hzred and non-owned when said vehicle is used in the course of the
PR4JECT.
Worlcer's Compensation
Coverage A: Statuiory lizx�zts
Coverage B: Exnployer's Liability
$100,004 each accident
$500,000 disease — policy limit
$100,000 disease — each employee
Errors & Omissions/Professional Liability — may be included on the
Commercial General Liability policy or pt�.rchased as a stand-alone policy. If
purchased as an Excess policy, the certificate must state the inclusion of this
eoverage.
Minimum requirement -$500,000 per occurrence and annual aggregate in farce
far five years from date of certification
Professional liability sha11 be vc�ritten on a claims-made basis and shall contain a
retroactive date prior to the date of the Agreement or the first date of services to
be performed, whichever is earlier. Coverage shall be znaintained for a period of
Plan Review Services
Harris & Assoc.
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5 years following the completion of the Agreement. An annual certificate of
insurance specifically referencing this project shall be submitted to the City for
each year following completion of the Agreement.
Certificates of insurance evidencing that the Consultant has obtained all required
insurance sha11 be delivered to the City prior to Consitltant proceeding with the
work contemplated herein.
Additional Insurance Repuirem�ents:
(a) Ap�licable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The term CITY shall include its
employees, officers, officials, agents, and volunteers as respects the contracted
services.
(b) Certificate(s) of insurance shall document that insurance coverage specified in
this Agreement are provided u.nder applicable policies documented thereon.
(c) Any failure on part of the City to request required insurance documentation
sha11 not constitute a waiver of the insurance xequirements.
(d} A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the City. A ten (10) days notice sha�l be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto Consultant's insuxance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Tl�rockmorton, Fort Worth, Texas 75102.
(e} Insurers for ali policies must be authorized to do business in the State of Texas
and have a minimuxn rating of A: VIX in the current A.M. Best Key Rating
Guide or have reasonably equivalent financial strength and solvency to the
satisfaction of Risk Management.
(f} Deductible lirnits, or self insured retentions, aifecting insurance required
herein shall be acceptable to the City in zts soXe discretior�; and, in Iieu of
traditional insurance, any altezx�ative coverage maintained through insurance
pools or risk retention groups must be also approved. Dedicated �nancial
resources or letters of credit may also be acceptable to the City.
{g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the City as respects the work contemplated herein.
(h) The City shall be entitled, upon its xequest and without incurring expense, io
review the Consultant's insurance policzes including endorsements �he�e.�� —,___---_,
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and, at the City's discretion, the Consultant may be required to provide proof
of insurance premium payinents.
(i) The Commercial General Liability insurance policy shall have no exclusions
by endorsements unless the City approves such exclusions in writing.
(j} For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior to
the date of this Agreement. The certificate of insurance shall sate both the
retroactive date and that the coverage is claims-made.
(k) The City shall not be responsible fox the direct payment of any insurance
pxe�naiums required by this agreernent aa�d all insurance required in this
section, with the exception af Professional Liability, shall be written on an
occurrence basis.
(1) Sub consultants and subcontraetors to/of the Consultant shall be required by
the Consultant to maintain the same or reasonably equivalent insurance
coverage as required for the Consultant. When subconsultan�s/subcontractors
maintain insurance coverage, Consultant shall provide City with
docuxnentation thereof on a certi�cate of insurance.
12,0 GOVERNING LAW & VENUE
This Agreerrzent is performable in Tarrant County, Texas and shall be governed
and construed according to the laws of the State of Texas. If any action, whether
xeal or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall Iie in state courts located in Tarrant
County, Texas or the United States District Court for tlie Northern D'zstrict of
Texas — Fort Worth Division.
13.0 SEVERA.BILITY
The pxovisions of this Agreement are sevexable, and if any word, phrase, clause,
sentence, paragraph, section or othex part of tlus Agreement or the application
thereof to any person or circumstance shall ever be held by any court of
coznpeient jurisdiction to be invalid or unconstitutianal for any reason, the
rexnainder 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 an.d this Agreement shall be construed
as if such invalid or unconsiitutzonal portion had never been contained therein.
14.0 CONTRACT CONSTRUCTION
Plan Review Services
Harris & Assoc.
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15.0
16.0
17.0
18.0
The Parties acknowledge that each Party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normaI 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
exhibzts hereto.
INDEPENDENT CONTRACTOR
Consultant shall per.foxm all woxk and services hereunder as an independent
corztxactor, and not as an offcer, agent, servant or employee of the City.
Consultant shall have exclusive control of, and the exclusive right to control the
details of the work per%rmed hereuzider, and all persons perfaz�ning same, and
shall be solely responsible for the acts and omissions of its officers, agents,
employees and suticonsultants. Nothing herein shali be consirued as creating a
partnership or joint venture ar agency between the City and Consultant, its
officers, age�nts, employees and subconsultants, and doctrine of respondent
superior has no application as between the City and Consultani.
NO TH�RD-PARTY BENE�ICIA.RIES
This Agreement shall inure only to the benefit of the Parties hereto and third
persons not privy hereto shall not, in any forxn ox manner, be considered a th3rd
party beneficiary of this Agreement. Each Party hereto shall be solely responsible
far the fulfillznent of its own contracts or comrxzitments.
COMPLIANCE WITH LAW
Consultant, its officers, agents, errzployees, contractors and subcontractors, shall
abide by and coriaply with all Iaws, federal, state and local, including the Charter
and all ordinances, r. ules and regulations of the City. It is agreed and understood
that, if Czty calls the attention of Consultant to any such violatians on the part of
Consultant, its off cers, agents, employees, contractors or subcontractors, then
Consultant shall immediately desist frozn and correci such violation.
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, postage prepaid,
to the address of the other Party shown below:
CITY: Crty of Fort V�orth
Attention: Development Director
1000 Throckmorton Street
Fort Worth, Texas 76102
Telephone: 817-392-8901
Plan Review Services
Hamis & Assoc.
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CONSULTANT:
PARAGRAPH HEADINGS
Hams & Associates
Jeffrey M. Cooper, P.E,
34 Executive Park, Suite 150
Irvine, CA 92614-4705
Telephone: 949-65 5-3 900
The paragraph headings contained herein are foz convenience and reference and
are not intended to define or limit the scope of any provision of this Agreement.
(Remainder of Page Tntentionally Left Blank)
Plan Review Services
Hanis & Assoc.
Page 10 of I 1
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Execu#ed, in multiple counterparts, at Fort Worth, Texas, on the day and year first
above written, and each signed counterpart shall be treated as an original for all puxposes.
ATTIEST:
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�� Mart Hendrix
� City Secretary
Contract Authorization
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Date: '�� I �'- � % �"' ���
Approval Recommended:
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Bob Riley, Dir�ctor
Department of Development
Plan Review Services
Harris & Assoc.
Page 1 [ of 11
CITY OF FORT WORTH
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Dale Fisseler
Assistant City Manager
Approved as to form and legality:
Assistant City Attorney
HARRIS & ASSOCIATES
Jeffr M. Coaper, P.E.
Senior Vice President - _ — — _= -- -_._--- ___
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Attachment A —
• Proposed Costs
• Schedule of Performance
• Letters Dated 1/23/06 & 2/8/06
(See hard copies below)
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Professional Plan Review Services, RFP #OS-0196
Proposed Costs
Plan Review Fees �n y,�
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Comprehensive architectural/structura.t plan rev:iew equal 75% f the plan rev'ew fees
as calculated by the City of Fort Worth. Architectural only p an review equa.l 50% f
fees as calculated by the Ciry. Plumbing, mechanical, and electrical can be base on a
percentage of the plan review fee, hourly rate, or other fee znethod miutually agreeable
to both parties.
Change Orders and shop drawing review is handled on an hourly fee structure, as
provided herewith or as agreed with the Ciry for customary hourly fee schedule. Projects
valued under $30,000, will be charged on an haurly fee basis.
I-�ou riy Fee Stru�iu r�
Our current fee schedute for builcling and safery plan check and inspection services are
as follows;
Notes:
These individuals include professionals and support pezsonnel who are pzoposed to
work on the City of Fort Worth's projects. Add.idonal sta.ff may be available if needed.
Support personnel include technicians and administrative staff. Ra.tes are subject to
adjustment due to promotions during the effective peYiod of this sckzedule. A new rate
scheduIe will becozne ef£ecuve January 1, 2006. Unless otherwise izadicated, hourly rates
include nnost direct costs such as vehicle usage and mileage, equipment usage (incIuding
cotnputer and telephone), and printing and copying (except laxge c�uantities such as
construction documents £or bidding purposes). Billing rates for independent conrxactors
and hourly employees are determined on a case-by-case basis.
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Professional PIAn Review Services, RFP #05-0196
Schedule of Performance
Harris & Associates will use the following schedule for this project.
New Single Family Dwellings:
New Multi Family Dwellings:
New Commercial/Industrial:
Tenant Trriprovements:
Residential Addition/Altetations:
1st Review = 10 working days
Subsequent rechecks = 5 wozking days
1 st Review = 15 working days
Subsequent rechecks = 10 working days
1 st Review = 10 working days
Subsequent rechecks = 10 working days
1st Review = 10 workixkg days
Subsequent rechecks = S working days
1st Review = 10 worliing days
Subsequent rechecks = 5 vrorking days
Turnaround time for projects ovez $20 million wilt be negotiated with the City on a case
by case basis.
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February 8, 2006
Attn: Al Godwin, CBO
Building Official
City of Fort Worth
1000 'Throckmorton Street
Fort Worth, Texas 76102
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Re: Proposal for Professional PIan Review Services, RFP #OS-0196
Dear Mr. Godwin:
Below is a response to your letter dated January 23, 2006.
Response: Other issues
Program Managers
Construction Managers
Civi1 Engineers
L Communications are to be maintained between City staff and Hazxzs & Associates. City staff will give
direction any for correspondences between applicants and Harris & Associates.
2. Plan review comments will be prepared as a Microsoft Word document, and then emailed to city staff
3. Harris currently has the capabzlity to scan documents, however scaruling of documents should be
discussed in the future since document scanning is beyond tYze scope of initial RFP.
4. MJE/P plans would be helpful in plan review of the bualding, however, M/E!P plans will not be
reviewed by Harris & Associaies for eode compliance, unless otherwise directed by Ciiy staff.
5. Letters af Reference have been faxed to AI Godwin along with samp2e contracts.
6. Reduce plan zeview fee to 70% with bilkable hourly rate in effect upon 2°d recheck. Architectural only
fee to be reduced to 45% with billable hourly rate in effect upon 2"d recheck.
The scenario of foundation only is usualiy reserved for special cases. Harris staff is committed in
blending in with city staff policies. The concept of the initial plan review and up io four expanded
reviews would be acceptable to Harris & Associates. This concept should be acceptable under the
current fee arrangement, provided the City gives Harris written direction•as to whieh projects wiIl
qualify under the foundation only provision.
We are excited about the opporiunity to work wiih the City and look forv✓ard to your favorable review of this
document. If you require any additional information, please do not hesitate to give me a call at (949) 655-390�,
ext. 326.
Sincerely,
Harris & Associates
;
Gregory Griffi
Regionai Manager, Building & Safety Services
Je rey M. Cooper
Senior Vice President
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34 Executive Park, Suite 150 Irvine, California 92614-4705 949.655.3900 FAX 949.655.3995 irvine@harris-assoc.com
�ORTWORTH
January 23, 2006
Mr. Gregory Griffith
�iaxris & Associates
34 Executive Pazk, Suite 150
�-vine, California 92614-4705
Re: Ciiy of Fort Worth Request for Proposal RFP OS-019b
Dear Mr. Crriffith:
We apprecaate the presenta�ion made on 3anuary 17, 2006. In order to recap our discusszon,
this letter is being sent as a clarification of the issues discussed.
The follow�img answers were provided to our questions.
2.
3.
Under proposed costs, there is a statement "Architectural only plan review equals
50% of fees as calculated by the Ciiy." Please explain your defmiiion of
A,rchi.tecturaL Is ttus non-structural plan review?
Architectural does mean non-structural. It is basic Building Code provisions
including, but not limited to, fire separation, allowable area, height, construction
type, exits, travel dimensions, etc.
Under proposed costs, there is a statement "A new rate schedule will become
effective January 1, 2006." Please bring a copy.
It was agreed that while this "Hourly Fee Structure" might rarely be used, Harris &
Associates woudd hanor the table presented in the RFP submittal.
Please provide informai�on on plan fxansfer. Will we be expected to ship plans to
your office? Who pays the shipping fees? Etc.
�Iarris & Associates wi11 assurne all shipping cost. Shipping will be by Fed Ex or
UPS. Harris will provide Fort Worth wiih their account # and bags/boxes for
shipping.
4, On your introductory Ietter, it siates "Our standard turn around time is 10 days for
projects valued under $5 mill'zon and 5 days for each zecheck." However, under
Proposed Costs, for New Commercial/Jndusixial, it states "ls` Review = 10 days,
Subsequent rechecJ� = 5 days." Is this time frame for projects over $5 znillion, or
does this apply to under $5 million as well which contxadicts the introductory letter?
Be prepared to explain. ��
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DEVELOPMEIVT DEPARTMENT
THE C[CY OF FOKT WORTH * 1000 7'}rnocxr,�orrroN Srr�er * Forrr WoR�, Te�s 76102
817-392-7820 * F.� 817-392-7985
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The 10 working days applies to all projects. The 1 D days starts counting from the Fed
Ex or UPS receipt time, and the plans are to be back in the Fort WoYth o�ce with 10
days. The shipping time to and fr-om Harris is absorbed within the 10 day promise.
5. How many subsequent rechecks are covered under the same fee?
2 rechecks.
6. Our final proposal will be "non-structural" plan review, basically Building Code, with
only a few particular MEP items, Iike confirming the instalIation of restroom flo�r
drains per ou.r IacaI amendmen#s. It will not include structural or full MEP. How
does this fit into your fee schedule?
Basic non-structural plan review is cavered under the "Architecfural " bid. Checking
exfra MEP items, but not szzing or calculating, is not a issue that would require an
extra charge.
7. Most projects over $50,000 value are required to have their accessibility requirements
checked by tl�e State. As such, ICC/ANSI accessibility review will n�t be part of the
proposal. Wil] this affect you7r cost?
No.
8. �thout structural or full MEP review, can the turn-around times be adjusted?
�Might be able to do 7 or 8 working days, keeping in mind that Harris is absorbing the
` shipping time in the promised turn around time.
The com�r,ittee was unable to make contact with most of your references. Please be
prepared to make presentation abaut specific jobs perf�rzz�ed in various jurisdictions.
We desire a verbaI presentation, explaining projects, sizes, code cornplexities, eic.
Letters of reference will be provider�
Other issues that were discussed were as follows:
].. The current plan zs for the successful bidder to only deal with the City as a go
between with the applicant. Tt is not expected that applicants will be directed to
communicaie with the Plan Review cornpany.
2. T�ie Plan Review comments will be cut and pasted onto our computer system. As
such, an email ox a disk with the plan review comm�ents will be desired.
3. Harris may be able to provide plan scanning sez-vices for the City. That issue may be
discussed as another topic �utside of this RFP.
4. It is considered best to ship the full set of plans, including MEP and st.ruuctural, to
assist in the non-struciural plan review, although review of those plans is not part of
this RFP.
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5. Hanris will provide ]etter of reference from other jurisdictions, as well as, examples of
their siandard coratract and actual contracts with oiher jurisdict�ons.
We would like to ask:
a. Would the fees be reduced in any way if the City accepted only one recheck? If
so, how much?
b. We would like to further de%ne our method of Foundation Only pennits:
We do not issue a Foundaiion Only pernut. We issue a full pernut, with full fees,
that is restricted to not proceed past the foundation. Such a perrnit requires full
stamped plans for the foundation down, and at least 40% plans above.
As further plans are finished they are submitted £or review, and fihe pernlit may
have the restriction adjusted to structural frame, MEP, ls` thru ? flooxs, etc.
Under this process, we would like to see a proposal where the one fee covers the
initial revzew and up to four expanded reviews until the full permit is issued.
T`laen we could use the one ar two recheck provision.
Is this something tkiat can be provided for under the current fee arrangement, or
under a separate fee arzangement. If a separate fee arrangement, please explain
the fee.
Attached is a copy of:
1. Your Hourly Fee Structure
�. Appendix A, City fee tables
Appendix B, Extra MEP confirmation items, but not requiring sizing or calculat�ons
4. Appendix C, Guidelanes to City of Fort Worth code review.
We look forward #o hearing from you. If you have any questions, please call me at 817-392-
7825 or Gary Caldweil, 817-392-8093.
Sincerely,
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A1 Godwin, CBO
Building O�cial
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Attachment B— Permit Fee Tables
As part of tlle contract, your organization has agreed to perform plan review for a
percentage of the permit fees collected by the city. The attached tablas are the current
tables in which "permit fees" are calculated.
Remodel fees are calculated as per Table 1-A.
New construction (whether a new free standing building ar a new addition to an existing
building) is ealeulated by square footage per occupancy as per Tables 1-C-1 through 1-C-
4.
As part of the plan review, it is expected that the square footage, per occupancy, will
be confirmed in the Building Code review. This same square footage, per occupancy,
will be used far new construction fee calculation. As an example: A new school may
be reviewed as a non-separated Group E occupancy for Building Code purposes, but
the fee is based upon sc�uare footage of individual occupancies of the Group A's,
Group B's, Group E's, etc.
Projects that involve additions, usually involve remodel as well. Therefore, the fee will
be calculated in two parts: the dollar valuation of the remodel will be used to calculate
the remodel permit fee, and the new square footage will be used to calculate the addition
fee.
Separate permits are required per building. Therefore, an apar�ment project, while
expected to be processed and returned as one plan review project, will have separaie
permiis for each building, each having its own fee based upon its own square footage.
Plan review comments should be returned in a per permit manner as we11.
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TABLE N0. 1-A
REMODEL BUILDiNG PERMIT FEES
INCLUDES FEES FOR NEW C�NSTRUCTION WITH NO SQUAR� F40TAGE
(Fences, swimming pools, retaining walls, etc.)
TOTAL VALUATION Permit Feel, z, 3
$0 to $2,000.00 $76.86 ($46.11)*
(a) $76.8G (a) for first $2,000
>$2,000.00 to $25,000.00
(b) $15.37 (b) for each additional $1,000.00, or fraction thereof,
to and including $25,000.00
(a) $430.51 (a) for first $25,000
>$25,400.00 to $50,000.00
(b) $11.10 (b) for each additional $1,000.00, or fraction thereof,
to and includin $50,000.00
(a) $708.14 (a) for fust $50,000
>$50,000.00 to $100,000.00
(b) $7.G8 (b) for eaeh addirional $1,000.00 or fraction thereof,
to and includin $100,000.00
(a) $1092.53 (a} for iirst � 100,000
>$100,000.00 to $500,000.00
(b) $5.97 (b) for each adclitional$1,000.00 or fraetion thezeof,
to and includin $500.000.00
{a) $348433 (a) f�z the �rst $500,000.00
>$500,000.00 to �1,000,000.00
(b) $5.12 {b) for each additional $1,000.00 or fraction thereof,
to and including $1.,000,000.00
(a) $6Q47.01 (a} fo�� the fixst $1,000,000.00
>$ I,000,000.00
(b) $3.4I (b) for each add'ztional $1,000.00 or fractzon thereof
*Remodet work associated with existing R 3 Use Group or their existmg accessory U Use Crroups shall be charged the fee in (}.
�When plan review and field inspec[ions are performed bv Third Partv, the psrmit fee shaU be reduced by multipiying the sum by 25%
(0.25). The resutting amount will be calcutated to the penny with no rounding for the tenth of a penny figure,
ZWhen plan review is performed by Third Partv wiih field inspections performed by City Staff, the pe�7nit fee shall be reduced by
multiplying the sum by 70% (0.70). The resulting amount will Ue calculated to the penny with no rounding for the tenih of a penny
figure.
�When plan review is performed by City Staff wiib field inspections nerformed by Third Par�, the permit fee shall be reduced by
multipiying the sum by 55% (0.55). 7'he resulting an�ount will be calculated to the penny with no rounding for the tentb of a penny
Ggure.
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TABLE 1-C-1
A,B,E,H,I,&MUSEGROUPS
NEW CONSTRUCTION OR ADDITION
BUILDING PERMTT FEES
NEW
SQUARE FOOTAGE Permit Fee', 2, 3
0 to 30 $7b.86 ($46.11)*
(a) $76.86 (a) for first 30 square feet
>30 to 400 (b) $0.955 (b) for each additional square foot, to and including
400
{a) $430.51 (a) for fu�st 400 squaxe %et
>400 to 794
(b) $4.711 (b) for each additional square foot, to and including
790
(a} $708.14 (a) for first 790 square feet
>790 to 1365 (b) $0.668 (b) for each additional square foot, to and including
1365
(a) $1092.53 (a) for f»rst 1365 sc�uare feet
>1365 to 5850
{b} $4.533 (b) for each addirional square foot, to and including
5850
(a) $348433 (a) for the first 5850 square feet
>5850 to 18,000
{b} $0.210 {b) for each additionai sc�uare foot, to and including
I 8,000
(a) $6047.01 (a) for the first 18,000 square feet
>18,000
(b} $0.191 (b) for each additional square foot
*New square footage associated with existing R-3 LJse Group or their existing accessory U CJse Graups siiall be charged the fee in ().
�When plan review and field inspec6ons are performed bv Third Partv, the permit fee shall be reduced by multiplying the sum by 25%
(0.25). The resulting amount will be calculated to the penny with no rounding for the tenth of a penny 6gure.
zWhen plan review is performed bv Third Partx with field inspections performed Uy City Staff, the permii fee shail be reduced by
muttiplying the sum by 70% (0.70). The resulting amount will be calcutated to the penny with no roundin� for the tenth of a penny
figure.
3WI�en plan ��eview is performed by City Staff with feid inspections performed bv Third Partv, the permit fee shall be reduced by
multiplying the sum by 55% (0.55). The resulting amount will be calcutated to the penny with no rounding for the tenth of a petmy
figure.
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TABLE 1-C-Z
F & S USE GROUPS
NEW CONSTRUCTION OR ADDITION
BiJ�LDING PERMIT FEES
NEW
SQU.ARE FOOTAGE Perinit Fee', z, 3
0 to 75 $76.86 ($46.11)*
(a) $76.86 (a) for first 75 square feet
>75 to 1080
(b) $0.351 (b) for each additional square foot, to and including
1080
(a) $430.51 (a) for first 1080 square feet
>1080 to 1980 (b� $0.308 (b) for each additional square foot, to and including
1980
(a) $708.14 (a) for first 19$0 square feet
>1980 to 3365 (b) $0.277 (b) for each additional square foot, to and including
3365
(a) $1092.53 (a) for fzrst 33G5 square feet
>3365 to 24,675 (b) $0.112 (b) for each additional square foot, to and including
24,675
(a) $3484.33 (a} for the first 24,675 square feet
>24,675 to 50,050
(b) $0.100 (b} for each additional square foot, to and including
50,050
(a) $6047A1 (a) for the first 50,050 square feet
>50,050 (b) fox each additional syuare foot
(b) $0,096
'�New square footage associated with existing R-3 Use Group or their existing accessory U Use Groups shall be charged the fee in ().
'When plan review and field inspeclions are performed bv Third PartX, the permit fee shall be reduced by multiplying the sum by 25%
(0.25). The resUlting amount will be calculated to the penny with no rounding for the tenth of a penny figure.
ZWhen plan review is perfonned bv Third Partv with field inspections pe�formed by City Staff, the permit fee sha11 be reduced by
multiplying ihe sum by 70% (0.70). The resulfing amounf. wil] be calculated to the penny with no rounding for the tenth of a penny
figure.
3When plan review is performed by City Staff with field inspections performed by Third Party, the permit fee shall be reduced by
multiplying the sum by 55% (0.55). The resu]ting amount will be calcutated to the permy with no rounding for the te��th of a penny
Ggure.
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TABLE 1-G3
R USE GROUPS
NEW CONSTRUCTION OR ADDITION
BUILDING PERMIT FEES
NEW
SQUARE FOOTAGE Permit Fee'' 2' 3
0 to 65 $76.86 ($46.11)*
(a) $76.86 (a) for first 65 square feet
>65 to 700
(b) $0,556 (b) for each additional square foot, to and including
700
(a) $430.51 (a) for first 700 square feet
>700 to 1400
(b} $0.396 (b} for each additional square foot, to and including
1400
(a) $708.14 (a) for first 1400 square feet
>1400 to 2700
(b) $0295 (b) for each additional square foot, to and including
270�
(a} $1092.53 (a) for first 2700 square feet
>2700 to 11,800
(b) $0.262 {b) for each additional square foot, to and including
l 1,840
(a) $3484.33 (a) for the first 11,800 square feet
>11,800 to 24,500
{b) $0.201 (b) foz eaeh additional square foot, to and including
24,500
(a} $6047.01 (a) for the first 24,500 square feet
>24,500
(b) $0.148 (b) for each addirional squaze foot
*New square footage assoeiated with existing R-3 Use Group or their existing accessory U Use Groups shatl be charged the fee sn O.
� Wlien plan review and field ins�ections are nerFormed by "Chird Partx, the permit fee sha11 be reduced by multiplyin� the sum by 25%
(0.25). The resuiting amount will be calculated to the penny with no rounding for the tenth of a penny figure.
ZWhen plan review is perfo�Yned by Third Partv with field inspections performed by City Staff, the permit fee shall be reduced by
multiplying the sum by 70% (0.70). The resulting amount will be calculated to the penny with no rounding for the tenth of a penny
figure.
�VVhen plan review is performed by City Staff with field inspections performed by Third Pazty, the permit fee shall be reduced by
muitiplyiiig the sum by 55% (4.55). The resulting aznount will be calculated to the penny with no rounding for the tenth of a penny
�gure.
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TABLE 1-C-4
U USE GROUP
NEW CONSTRUCT'ION OR ADDITION
BUILDTNG PERMIT FEES
NEW
SQUARE FOOTAGE Permit Fee'' Z' 3
o to i�s $76.86 ($46.11)*
(a) $76.86 (a) for first 175 square feet
>175 to 2500
(b) $0.152 (b} for each additional square foot, to and ancluding
Z500
{a) $430.51 (a) for %rst 2500 square feet
>2500 to 5200
(b} $0.102 (b) for each additional square foot, to and incJuding
s2ao
(a) $708.14 (a) for first 5200 square feet
>5200 to 10,200
(b} $0.076 (b) for eacla additional square foot, to and including
l 0,200
{a) $1092.53 (a) for first 10,200 square feet
>10,200 to 46,500
(b) $0.065 (b) for each additional square foot, to and including
46,500
(a) $3484.33 (a) for the first 46,500 square feet
>46,500 to 96,500
(b) $0.051 (b) for each additional square foot, to and including
96,500 . . .
(a) $G047.01 (a) for the first 96,500 square ;Feet
>96,500 b $0.041
() {b) for each additional square foot
*New square footage associated with existing R 3 LTse Group or their exisdng aceessory U lJse Groups shall be charged the fee in O.
�When plan review and fieid inspecrions are performed by Third Partv the permit fee shall be reduced by multiplying the sum by 25%
(0.25). The resulting amount wi]] be calculated to the pemry with no rounding for tha tenth of a penny figure.
ZWhen plan review is performed bv Third Party with field inspections performed by City Staff, the permit fee shall be reduced by
multiplying the sum by 70% (0.70). The resulting amount wilt be ca)culated to tl�e penny with no rounding for the tenth of a penny
figure.
3When plan review is performed by City Staff wiih field insnections parformed by Third Par� the permit fee shall be reduced by
multiplying the sum by 55% (0.55)_ The resulting amount will be calculated to the penny with no rounding for the tenth of a penny
figure.
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Attachment C— Extra Item Check Sheet
Outside of the nonmal Building Code review, the following is a list of items that are to be
checked on the plan review. Such items have proven to be high complaint items if
discovered during the project or at final. Therefore, confirrzlation during plax� review is
needed.
This iist will be modified over time and should be expected to grow as other items as
pxoblem issues in the future.
1) Aircraft hangers, per our interpretation, require floor drains. IBC Section 412,2.3
with local amendments. Confirm that one does exist. Do not size. Note it on the
permit for City staff follow up.
2) Secondary roof drainage. Il'C 1107 with local amendments. Confirm that a
secondary roof drain does exist.
3) Mechanical roof top access for residential use, particularly townhouse. Each
townhouse with its own independent roof top equipment needs its own access to that
equipment. Access can either be through the individual unit, an outside ladder per
individual unit, or an outside community ladder with access across roof tops.
• Since city staff wi11 not go through sozneone's private dwelli�g to get
to another tenants roof top unit, access must be obtained thxough one
of the methods listed above.
_ .. .
4) I�itchen hood sidewall discharge. There have been several pxoblems with side wall
discharge from lcitchen hoods, particularly downtown. Grease has been distributed on
the walls of neighboring buildings, creating a fire hazard. AII sidewall grease hood
discharges should be noted for Building Officia] review.
5) Water heaters for r�sidential units are not pennitted in attics. Local amendtnents to
IRC M1305.1.3 & G2448.1.1, and TPC 502.3. Con�rm that none exist.
6) Restrooms may require floor drains per our local amendment to IPC 412.4. Confirm
they exist whexe required. Do not size.
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Page 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/22/2006
DATE: Tuesday, August 22, 2006
LOG NAME: 06HARRIS REFERENCE NO.: **C-21624
SUBJECT:
Authorize Execution of Contract with Harris & Associates for Plan Review Services for the
Development Department
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RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a contract with Harris & Associates for plan review services for a
period beginning with the execution of the contract and terminating on September 30, 2006, in an amount
not to exceed $210,000; and
2. Provide for three one-year renewals contingent upon appropriation of funds.
DISCUSSION:
The upward trend in construction permits has increased the workload of plans to be processed through the
Development Department resulting in an increased turn-around time for customers. Therefore, the
Development Department intends to outsource a portion of the plan review services in order to manage
peaks and provide more timely service to customers.
A Request for Qualifications (RFQ) was issued on July 25, 2005. Eight vendors responded. After a
committee review, four were invited to submit proposals. The Request for Proposals (RFP) was issued on
September 21, 2005. All four vendors responded. After committee review, two were selected as the top
candidates. Responders were advised that multiple contracts would be awarded in order to ensure that
timely service would be available. A contract with BJYTexas, Inc. was approved on May 9, 2006 (M&C C-
21455). Harris & Associates has been chosen for the second contract award.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GG01 539120 0063000 $210,000.00
Dale Fisseler (6266)
Bob Riley (8901)
Susan Alanis (8180)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/30/2007