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HomeMy WebLinkAboutContract 34441�;i ►"Y ����i�"i���`1( COP�IT�`A�T fU� . ? r_ << i f �—_:_.�_. CITY OF FORT WORTH, TEXAS AGREEMENT FOR PLAN REVIEW SERVICES PROFESSIONAL SERVICE AGREEMENT STATE OF TEXAS . COUNTY OF T�+�RRANT KNOWN ALL BY THESE PRESENTS: - - �-�"� � 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. "����'v1�;i� ��fi�''l;vil� _ ����1 'J�� ���.��� ��� ������1�w, p���, 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 �����l�l� ��«���'� �li� ���; �l� ra ��' �� �"�G:��, i��, 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�. Page 3 of I 1 r�����,�1c';1� ����r��� ���'�y J�r��� �k��� ��� r'.'��,1,�UU�`.11Utl� Y���1� 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. Page 4 of 11 - ���9�;1i`a� ������ '����� J���� �' �� ��, ��' �u°��W, i���. 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 '�� P1an ReviewServices �rr�l��'� �� ��'� ���j��� Harris & Assoc. v �, �, y Page 5 of I t �����1 J���g ��1�� ��� `�:";J UG:�Ub' � 9 t�G� � 1L0 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. Pege 6 of 11 _� — �> ,, � o,(.'(`��J fQ1�l ������..,Jw� �������.� �����r 1��;!���R� pp r� �������W� �1�G1, i U � �:�. �J� I ; � 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.�� —,___---_, �,,���l� ��, ������"}�o,, Plan ReviewServices ��%''���J��='��A� ����U �� Harris & Assoc. ���j`,, ��(��foi�?41,1(oj� Page 7 of 11 U 6 NJ5 U� h ft�n! �: �1� �:"�GSl�� f�f�i, 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. Page 8 of 1 I -�����)i;�'� r������ �l��� ������.�� ��� r:�'�vu�g�, 8��, 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. Page 9 of I 1 �����)�� ?����� ���tl ���G°?���� au, ^ GI,Qu Qp �(Q � t�'�ii�%N` Y�� t��U� 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 N,����I�,� ������ ,� ���� '����� ���� ��e �'�''�u`���, ����, 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: ,:l � , .l�t,- l,wa� �j�u-���_— �� Mart Hendrix � City Secretary Contract Authorization <-� _s �- .� ) �� _ Date: '�� I �'- � % �"' ��� Approval Recommended: , � � _ _� Bob Riley, Dir�ctor Department of Development Plan Review Services Harris & Assoc. Page 1 [ of 11 CITY OF FORT WORTH C� �-� � � Dale Fisseler Assistant City Manager Approved as to form and legality: Assistant City Attorney HARRIS & ASSOCIATES Jeffr M. Coaper, P.E. Senior Vice President - _ — — _= -- -_._--- ___ �, ,, � , �;����.,i:';,1 ��s�`�,��� ����1� ����� !���P� ��� :��'� �� ��i, ���3, Attachment A — • Proposed Costs • Schedule of Performance • Letters Dated 1/23/06 & 2/8/06 (See hard copies below) �;�����,')�';,� ������ ����% �������� 7 Oi ,�.'�'v',��U�`. Y�� 1 64Y� f��� ���� Professional Plan Review Services, RFP #OS-0196 Proposed Costs Plan Review Fees �n y,� /�ecrucecl �•� 1-�a,�v� 5 lc-f-f'Q,r a?- �-�� �.� �o 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. � f Harris & Assoc�ates �����lc'�� ������ ���C� �����?���� ��. �.�:��,��,��, ����. I��� ���� 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. � 1 liams & Associates �����)�!� ������� ���1 ��r��?� �' �� 7 Y� ;:'T.�`���U°:YYG, Y���1� February 8, 2006 Attn: Al Godwin, CBO Building Official City of Fort Worth 1000 'Throckmorton Street Fort Worth, Texas 76102 _= j �:��i 5�4�,-,`;�'7 � : �;C% : r't`r`-. �:i � _ � :j I�?�"�'`.�-'':.� .!� :� tr � � . ��: �A�:��; is.`��t:, ,:�:,'c, 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 ;�����;��;i� � ����� �9�1� �������� �tl� �����'J'r���a 9lSG�s 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. �� ., � �� �o 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 v�Y'3v�G;!� tS����� ���'lr ������ �` �� ��� ��'�;�'����, ���, .^: P.l�rPd on recvcled �aoei _ 2 _ J�a�•23, zoob 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. _�:.�, r � �'— —D ` _' � � J����� �G�'!'� '���� `� �� ���'l� �������� 7 Ue ��.f�,"J1�UYG' Y��Y� _ 3 _ January 23, 2006 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, ���� A1 Godwin, CBO Building O�cial � �} ��N � ��'t�vJb��l� '�i'S'l�il� � ����� '��� °����� �q, '�.�'�U°'��� ���. 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. ���' �;]�;,1 ������ ���� �������� ��, �� �'U���, ����, 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. �=;;�w��l�:,Jc;��l ������ ����ti� '�������� J I!e '.�'e�V���7U�) Y66tl� 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. ;� �-'��'��'�� i�'=:'l '��� ����� '{ ��1� ��1;���.�U ��a �'�:'`JUG1�7�� 1�1�1� 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. �"�„i',�� p�rc,'.n'�rI 0•1 v�r1::�!rs� 1�:�'�V 1� ����� �'���°?L� �` �� ��, �`:t�`,�������, ��i�, 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. .�. �,, p,��'�;; ^p'1 ;:���J'�:.�J���l ��.�"�u 1� �'��'L� ���?C� ����1 �� `:��'Ju°��W, ��i�, 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. � ; ��a��)� l ����U�r� ����% ����?[� nu�P1 ��. ���� u�, p�, ����. 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. i-,�z -�'-.-,_� �r-/ri,!`^p�m'1 "�����),,!�. '��'����.� ���'ti� ������ �� �� ��, ��:';����:��, ����, 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 , ::1 � _�� . ._ .. . ,,� „ ...� ..£ ,.,. 9 _ 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