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INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8167
�TE+F, January 19, 1999
To the Mayor and Members of the City Council
u {s
k '*x Subject:
fen RENEWAL OF CONTRACT FOR PROFESSIONAL
CONSULTING SERVICES - FIRE DEPARTMENT
The Fire Department is requesting a third option to renew the contract with Carter &
Burgess, Inc. for professional consulting services for the Bureau of Fire Prevention to
begin October 1, 1998 and end September 30, 1999.
BACKGROUND
In Spring 1995, in response to the construction.industry, the Fire Department initiated a
comprehensive study of the process used by the Bureau of Fire Prevention to review
plans for fire protection systems installations. A focus group consisting of fire protection
contractors, building owner representatives, private sector engineers, architects, and Fire
Department personnel completed an evaluation and recommended to contract with an
engineering firm for plan review services. Proposals were solicited, with evaluations of
the several submitted proposals conducted by three engineers and one architect from
various City departments. The recommendation was to award the contract to Carter and
fro Burgess, Inc.; hereinafter called "Consultant".
On April 9, 1996 (M&C C-15399) the City Council authorized a six-month contract with
consecutive one-year renewals with the Consultant for the review of fire protection plans
for the Fire Department. One year renewals were made by City Council on October 15,
1996 (M&C C-15696) and October 28, 1997 (M&C C-16403).
A brief review of the process is as follows:
• Fire protection contractor acquires an installation certificate (permit) from the Fire
Department.
• Fire protection contractor submits shop drawings and associated documents to the
Fire Department for review. Fire Department checks the documents for basic
information, records date of receipt, and forwards, by courier to Consultant.
• Consultant records date of receipt, electronically scans the documents, reviews the
documents, records date returned, and returns them, along with a review letter and
invoice.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
1
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8167
January 19, 1999
To the Mayor and Members of the City Council Page 2 of 3
�= RENEWAL OF CONTRACT FOR PROFESSIONAL
'r=�► Subject: CONSULTING SERVICES -FIRE DEPARTMENT
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• Fire Department staff reviews the letter from Consultant and determines whether or
not an approval' can be issued, sends appropriate letter to fire protection contractor
and coordinates any further requirements with the fire protection contractor.
The service rendered by the Consultant has been satisfactory, has reduced plan review
time, and has efficiently managed the increase in review services as a result of the growth
in development activity. The services are provided on an as requested basis and include
fire protection systems plans review and fire protection engineering consultant services.
The scope of services for this contract has been revised to improve responsiveness to
customer needs, technical expertise needs, and better identification of contract costs. The
Consultant has agreed to review fire protection system plans within a four or eight day
schedule, dependent on type of review. This will ensure that the plans are reviewed
within the schedule of five or ten days established by the Fort Worth Fire Code
Ordinance. The Consultant will submit a quarterly report that is a summary of services
provided and associated costs for the quarter, as well as, anticipated costs for the
remainder of the year. The Consultant will provide a list of personnel and their A .
qualifications to the City for approval to assign them to the contract.
The scope of services has also redefined the conflict of interest requirements for the
Consultant. The City will not ask the Consultant to provide services for projects within
Fort Worth where the Consultant has performed detailed fire protection engineering
services. In those cases, the Bureau of Fire Prevention staff will provide the services
necessary to complete a project. In addition, Consultant personnel assigned to this
contract are excluded from performing construction management or other related
services.
For previous years, the budgeted amount of the contract was $185,000 per year.
However, the contract recognized that the amount of compensation was subject to
considerable variation contingent on the level of development within the city. As shown
in the table below the amount paid for the contract and the amount budgeted varies
greatly due to the increase in development.
TOTALS FY96/97 FY97/98 FY98/99
Reviews 552 963 1470 projected
Costs $155,777.43 $309,629.44 $475,000 projected
Budgeted $185,000 $185,000 $475,000
ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8167
January 19, 1999
To the Mayor and Members of the City Council Page 3 of 3
Ui
RENEWAL OF CONTRACT FOR PROFESSIONAL
Subject:
CONSULTING SERVICES - FIRE DEPARTMENT
The Fire Department, working with the Budget Office, developed a projection that
indicates the cost of the contract for FY98/99 to be $475,000. The projection indicates
that revenue from fire protection system permits will off set the additional costs of the
contract. As a result of meetings with the Development Department, the Fire Department
is projecting another record year exceeding the $1 billion total construction for calendar
year 1998; thus, supporting the need for the increase in contract costs. Additional funds
needed for the contract FY97/98 and FY98/99 costs are included in the annual
supplemental appropriation ordinance for rollover encumbrances and designated
expenditures M&C.
If additional information is needed, do not hesitate to contact Libby Watson, Assistant
City Manager, or H. L. McMillen, Fire Chief.
rW' TE L
OB
City City Manager
ISSUED BY THE CITY MANAGER- FORT WORTH,TEXAS
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT §
AND DENTON
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
This contract is made by the City of Fort Worth, Texas, a municipal corporation situated
in Tarrant and Denton Counties, Texas, hereinafter called "City", and Carter & Burgess, Inc., a
Texas corporation, hereinafter called "Consultant", both parties acting herein by and through
their duly authorized representatives:
1. Scope of Services.
In accordance with generally accepted professional standards, Consultant agrees to
provide the services listed in Exhibit "A," attached hereinafter and incorporated into this
agreement hereby.
2. Compensation:
a. The compensation to be paid to Consultant for all services performed hereunder
shall be as provided in Exhibit "A," section V. "BASIS OF COMPENSATION." City and
Consultant agree on an estimate of $475,000.00, but both parties recognize that the amount is
subject to considerable variation because the volume of services is contingent on the level of
private sector activity. Consultant will provide a monthly quarterly statement to City for
services rendered, which shall include all expenses incurred by Consultant.
b. It is understood that this Contract contemplates the provision of full and complete
consulting services for this project, including any and all necessary changes or contingencies to
complete the work as outlined in Section 1, "Scope of Services", for the compensation described
in Section 2.a.
3. Term.
The term of this Contract is from the first day of October 1998 through the 30th day of
September 1999, unless terminated earlier as provided herein. The contract may be renewed
upon mutual agreement of the parties for consecutive one-year periods thereafter
4. Termination.
a. City may terminate this Contract at any time for any cause by notice in writing to
Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for all supplies,
assistance, facilities and materials in connection with the performance of this Contract.
Consultant shall proceed to cancel promptly all existing contracts insofar as they are chargeable
to this Contract. If the City terminates this Contract under this Section 4.a., the City shall pay
Consultant for services actually performed in accordance herewith prior to such termination, less
such payments as have been previously made, in accordance with a final statement submitted by
Consultant documenting the performance of such work.
Carter&Burgess Contract for Professional Consulting Services Page 1 January 12, 1999
b. In the event no funds or insufficient funds are appropriated and budgeted by City
in any fiscal period for any payments due hereunder, City will notify Consultant of such
occurrence. This Contract shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds shall have been
appropriated and budgeted. City has informed Consultant that, concurrently with approval of
this Contract, City will appropriate and budget 100% of the funds specified in this Contract, so
that all funds will be appropriated and budgeted prior to the commencement date of this Contract.
C. Upon termination of this Contract for any reason, Consultant shall provide the
City with copies of all completed or partially completed documents prepared under this Contract.
5. Amendment
City may amend this Contract at any time in writing to Consultant. City and Consultant
shall mutually agree upon any amendment to this Contract.
6. Indemnification.
a. Consultant shall indemnify and hold the City and its officers, agents and
employees harmless from any loss, damage, liability or expense for damage to property and
injuries, including death, to any person, including but not limited to officers, agents or employees
of Consultant or subcontractors, which may arise out of any negligent act, error or omission in
the performance of Consultant's professional services. Consultant shall defend, at its own
expense, any suits or other proceedings brought against the City, its officers, agents and
employees, or any of them, resulting from such negligent act, error or omission. Consultant shall
pay all expenses and satisfy all judgments which may be incurred by or rendered against them or
any of them in connection therewith resulting from such negligent act, error or omission.
7. Insurance. I
a. Consultants shall not commence work under this Contract until it has obtained all
insurance required under this section and the City has approved such insurance. Nor shall
Consultant allow any subcontractor to commence work on its subcontract until all similar
insurance of the subcontractor has been so obtained and approval given by the City.
b. Compensation Insurance. Consultant shall take out and maintain during the life of
this Contract statutory Workers' Compensation Insurance for all of its employees performing any
of the services hereunder. In case any work is sublet, Consultant shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's employees unless
such employees are covered by the protection afforded by Consultant's insurance.
C. Public Liability and Property Damage Insurance. Consultant shall take out and
maintain during the life of this Contract such public liability and property damage insurance as
shall protect Consultant and any subcontractor performing work covered by this Contract from
claims for personal injuries, including death, as well as from claims for property damages or
losses which may arise from operations under this contract, whether such operations be by
Consultant or by any subcontractor or by anyone directly or indirectly employed by either of
them. The amount of such insurance shall be as follows:
(1) Public Liability Insurance. In an amount no less than Two Hundred Fifty
Thousand Dollars ($250,000) for injuries, including accidental death, to any one person; and
Carter&Burgess Contract for Professional Consulting Services Page 2 January 12, 1999
subject to the same limit for each person, in an amount not less than Five Hundred Thousand
Dollars ($500,000) on account of one accident;
(2) Property Damage Insurance. In an amount not less than Five Hundred
Thousand Dollars ($500,000);
(3) Umbrella Policy. In an amount not less than One Million Dollars
($1,000,000);
d. Proof of Insurance Coverage. Consultant shall furnish the City with a certificate
of insurance as proof that it has obtained for the duration of this Contract the insurance amounts
required herein. Consultant's insurance policy shall provide that the insurer shall give the City
thirty (30) days' prior written notice before altering, modifying or terminating the insurance
coverage.
8. Independent Contractor,
Consultant shall perform all work and services hereunder as an independent contractor
and not as an officer, agent or employee of the City. C6nsultant shall have exclusive control of,
and the exclusive right to control, the details of the work performed hereunder and all persons
performing same and shall be solely responsible for the acts and omissions of its officers, agents,
employees and subcontractors. Nothing herein shall be construed as creating a partnership or
joint venture between the City and the Consultant, its officers, agents, employees and
subcontractors; and the doctrine of respondent superior shall have no application as between the
City and the Consultant.
9. Disclosure of Conflicts.
Consultant warrants to the City of Fort Worth that it has made full disclosure in writing
of any existino, or potential conflicts of interest related to the services to be performed hereunder.
Consultant further warrants that it will make prompt disclosure in writing of any conflicts of
interest which develop subsequent to the signing of this Contract.
10. Right to Audit.
Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine any directly pertinent
books, documents, papers and records of the consultant involving transactions relating to this
Contract. Consultant agrees that the City shall have access during normal working hours to all
necessary Consultant facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this section. The City shall give
Consultant reasonable advance notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until the expiration of
three (3) years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers and records of such subcontractor involving
transactions to the subcontract. City shall have access during normal working hours to all
subcontractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor
reasonable advance notice of intended audits.
Carter&Burgess Contract for Professional Consulting Services Page 3 January 12, 1999
11. Prohibition of Assignment.
Neither party hereto shall assign, sublet or transfer its interest herein without the prior
written consent of the other party, and any attempted assignment, sublease or transfer of all or
any part hereof without such prior written consent shall be void.
12. M/WBE Goals. Nondiscrimination.
a. Consultant acknowledges its commitment to meet or make "good faith" effort to
meet the City of Fort Worth's goals for Minority/Women Business Enterprises (M/WBE)
participation in City contracts. M/WBE participation was part of the evaluation criteria used in
the award of this Contract; therefore, failure to comply may result in the Consultant being
classified as nonresponsive and being barred from City work for a period of not less than three
(3) years. Consultant agrees to furnish documentation of M/WBE participation such as canceled
checks, etc., or such evidence as may be deemed proper by the City of Fort Worth. At the pres-
ent time this paragraph does not apply since Consultant has not nor does not plan to retain the
services of any subcontractors in connection with the performance of this Contract.
b. As a condition of this Contract, Consultant covenants that it will take all
necessary actions to insure that, in connection with any work under this Contract, Consultant, its
associates and subcontractors, will not discriminate in the treatment or employment of any
individual or groups of individuals on the grounds of race, color, religion, national origin, age,
sex or physical handicap unrelated to job performance, either directly, indirectly or through
contractual or other arrangements.
13. Choice of Law; Venue.
a. This Contract shall be construed in accordance with the internal law of the State
of Texas.
b. Should any action, whether real or asserted, at law or in equity, arise out of the
terms of this contract, venue for said action shall be in Tarrant County, Texas.
EXECUTED on this, the day of , 19`
ATTEST: CITY OF FORT WORTH
BY:
City Secretary Libby Watson
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
City Attorney
CARTER& BURGESS, INC.
BY: BY:
TITLE: TITLE:
Carter&Burgess Contract for Professional Consulting Services Page 4 January 12,1999
EXHIBIT A
SCOPE OF SERVICES
I. PROJECT DESCRIPTION
The project consists of plan review services for fire protection systems under the
jurisdiction of the City of Fort Worth Fire Department. Work to be in accordance with
City of Fort Worth Ordinance Nos. 13625 and13636 (or replacement).
Il. SCOPE OF SERVICES
A. BASIC SERVICES
1. Sprinkler Plan Review:
a) Review Hazard Classification.
b) Review Spacing and Location of Sprinklers.
c) Review Adequacy of Water Supply Information.
d) Review Piping Materials, Valves and Fittings. ,. II
e) Review Hydraulic Calculations, limited to the hydraulically most
remote area(s).
f) Review Type of Systems.
g) Verify Component Listing.
h) Review of fire department connection location relative to fire hydrant
and fire lane locations.
i) Review of backflow prevention device location, if device located on
sprinkler riser, per City standards.
2. Fire Alarm Plan Review:
a) Review Fire Alarm Control Panel and Sub Panels.
b) Review Wiring Materials and Methods.
c) Review Batteries and Battery Calculations.
Carter&Burgess Contract for Professional Consulting Services Page 1 of 8 January 12, 1999
EXHIBIT A
SCOPE OF SERVICES
d) Verify Compatibility of System Components.
e) Review Power Supply, 'including voltage drop calculations,power
requirements, etc.
fj Review Control Functions.
g) Review Cause and Effect of initiating devices.
3. Gaseous or Dry Chemical Suppression:
a) Review of the System Detection and Releasing Panel/Function per
items in item 2 above.
b) Review of Design Concentration for Hazard Involved.
c) Review Piping Materials, Hangers and Locations.
d) Verify Bottle and Nozzle Sizing.
e) Review of Flow Calculations.
4. Standpipe Systems:
a) Review Standpipe Type.
b) Review Spacing and Location of Hose Outlets.
c) Review Adequacy of Water Supply Information.
d) Review piping materials, valves and fittings.
e) Review Hydraulic Calculations, limited to the hydraulically most
remote standpipe.
5. Underground Fire Service Mains:
a) Review of backflow prevention device location per City standards.
b) Review of piping materials, embedment,joint restraint method.
Carter&Burgess Contract for Professional Consulting Services Page 2 of 8 January 12, 1999
EXHIBIT A
SCOPE OF SERVICES
c) Review of fire hydrant locations, valving, painting per City code.
d) Review of fire department connection location relative to fire hydrant
and fire lane locations.
e) Review of drawing notes for testing information, other design criteria.
0 Review of flow test data and location.
6. Sprinkler Tenant Finish-Out Projects (add/relocate < 100 sprinklers);
a) Review of sprinkler types, locations, obstructions, spacing.
b) Review of pipe layout, sizing.
c) Review of hydraulic calculations, if provided.
7. Atrium Smoke Control Systems:
a) Review of system design criteria.
b) Review of controls sequences, logic.
c) Review of detection devices, locations.
d) Review of control panel and associated equipment.
e) Review of interface with building fire alarm system.
8. Consultation Services:
a) Response by phone to questions on general fire protection system
code/standard issues from designers/installers.
b) Attendance at project meetings, as requested, for advising Fort Worth
Fire Department staff on technical issues.
c) Response to requests from Bureau of Fire Prevention Fire Protection
Engineer for technical information, research, etc.
Carter& Burgess Contract for Professional Consulting Services Page 3 of 8 January 12, 1999
EXHIBIT A
SCOPE OF SERVICES
B. LIMITATIONS
1. Carter & Burgess, Inc.'s role is limited to the review of shop drawings for
compliance with Ordinance Nos. 13625 and13636 and in the proper context of
the occupancy. Carter& Burgess will not make determination as to whether a
system is required by code or not for that occupancy. Carter & Burgess will
not enforce items in excess of the code such as, items added in engineer's
contract documents, insurance requirements, or Owner's preference, except
that the additional items are within proper design parameters.
C. CONFLICT OF INTEREST
1. In order to avoid conflicts of interest, Carter & Burgess will defer to City
staff the review of all projects in which Carter & Burgess has performed
detailed fire protection engineering services. Furthermore, Carter & Burgess
personnel participating in this contract project are excluded from performing
construction management and other related services on projects located in the
City.
111. PROVISIONS BY THE CITY
A. REVIEW APPROVAL/REJECTION
1. The City of Fort Worth will determine whether a submittal is approved or
rejected, based on the review letter provided by Carter & Burgess under Item
IV.A,3, below
B. PLAN SUBMITTALS
1. The City will provide plans folded to 8-1/2-inch by 11-inch.
C. GUIDELINES
1. The City will provide written procedural guidelines, as necessary, for the
services described herein.
Carter&Burgess Contract for Professional Consulting Services Page 4 of 8 January 12, 1999
EXHIBIT A
SCOPE OF SERVICES
IV. PROVISIONS BY CARTER & BURGESS, INC.
A. PLAN SUBMITTALS
1. Carter & Burgess will hand carry plans to and from the City Fire Prevention
Bureau on a twice daily basis, at approximately 10:00 AM and 3:00 PM.
2. Plans will be returned to the City on or before the eighth working day after
receipt, except for underground fire service main or tenant finish-out projects,
which will be returned on or before the fourth working day after receipt.
3. A review letter will be provided with each set of plans outlining deficiencies
found, and recommending approval/rejection. Authority for actual
approval/rejection of submittals rests solely with the City.
4. An invoice will be provided with each set of returned plans, that includes a
verified count of sprinklers or alarm devices. A monthly invoice will be sent,
listing all previous services for the month.
S. A quarterly report will be provided which details number of reviews
completed, review hours, on-time vs. late reviews, number of phone
consultations, consultation hours and costs, prior totals (actual vs. budget),
and projected billing for next quarter.
6. A review schedule sorted by permit number, and indicating status of
submittals, due dates, and review fees will be provided on a weekly basis.
B. PROTECT PERSONNEL
1. Carter and Burgess will provide, for approval by the City, a letter listing
personnel and their qualifications for performing work on this contract. Any
future additions to or deletions from this personnel list will be provided, as
needed, to the City for review and approval.
m
Carter&Burgess Contract for Professional Consulting Services Page 5 of 8 January 12,1999
EXHIBIT A
� SCOPE OF SERVICES
C. HOURLY BILLING RATE
1. Services provided in this contract with compensation determined by an hourly
billing rate will be billed as follows:
Principal-in-Charge (PIC) $125.00
Project Manager (PM)$110.00
Engineer/Controller $85.00
Administrative Assistant $45.00
V. BASIS OF COMPENSATION
A. SPRINKLER PLANS:
1. Initial plan evaluation fee:
$300.00 for the first 100 sprinklers.
$0.50 per head for all additional sprinklers.
„r 1 $150.00 additional if the system has a fire pump.
$100.00 additional if the system uses foam.
$2,000.00 maximum fee per permit
Re-evaluation fee: 50% of the initial plan evaluation fee.
2. Carter & Burgess will bill the City of Fort Worth, for jobs of 100 sprinklers or
less, on a billing rate schedule basis not to exceed $300.00 (see IV.C.1).
3. For multi-permitted projects of typical floor/ building types, Carter & Burgess
will bill the City of Fort Worth in the following manner:
a) Projects of 100 sprinklers or less on an hourly billing rate basis (see
IV.C.1),
b) On projects larger than 100 sprinklers, Carter& Burgess will bill time to
confirm that project matches or mirrors the prototypical design on an
hourly billing rate basis (see IV.C.1).
c) The initial plan evaluation fee shall be based on one plan or each typical
building/floor plan.
Carter&Burgess Contract for Professional Consulting Services Page 6 of 8 January 12, 1999
EXHIBIT A
SCOPE OF SERVICES
B. UNDERGROUND FIRE SERVICE MAINS:
The following fees apply to a single private fire service main only.
1. Initial evaluation fee:
Carter & Burgess will bill the City of Fort Worth on a billing rate schedule
basis (see IV.C.1).
Re-evaluation fee: 50% of the initial plan evaluation fee.
C. TENANT FINISH-OUT PLANS:
The following fees apply to tenant finish-out submittals of fewer than 100
sprinklers.
1. Initial evaluation fee:
Carter & Burgess will bill the City of Fort Worth on a billing rate schedule
basis not to exceed $300.00 (see IV.C.1).
Re-evaluation fee: 50% of the initial plan evaluation fee.
D. STANDPIPE PLANS:
The following fees apply to separate standpipe systems only. If the standpipe
shares common piping with a sprinkler system, the evaluation of the standpipe is
included in the sprinkler plan evaluation fees above.
1. Initial plan evaluation fee:
$165.00 total, for Class 1 systems.
$200.00 total, for Class 2 or 3 systems.
$150.00 additional if the system has a fire pump.
$1,000.00 maximum fee per permit.
Re-evaluation fee: 50% of the initial plan evaluation fee.
Carter&Burgess Contract for Professional Consulting Services Page 7 of 8 January 12, 1999
EXHIBIT A
SCOPE OF SERVICES
E. FIRE ALARM PLANTS
1. Initial plan evaluation fee:
$275.00 for the first 25 devices*.
$0.50 per device for all additional devices.
$75.00 each for each additional panel**.
$2,000.00 maximum fee per permit
Re-evaluation fee: 50% of the initial plan evaluation fee.
Carter & Burgess will bill the City of Fort Worth, for jabs of 25 devices or less,
on a billing rate schedule basis not to exceed $275.00 (see IV.C.1).
* Device is an initiating or indicating device in the field.
** Additional panel includes a Voice Evacuation cabinet, additional FRCP,
Remote Annunciator, or Transponder.
F. GASEOUS OR DRY CHEMICAL SUPPRESSION SYSTEMS
1. Initial plan evaluation fee:
$275.00 for the first 7 nozzles.
$30.00 per nozzle for each additional nozzle.
$1,000.00 maximum fee per permit.
Re-evaluation fee: 50% of the initial plan evaluation fee.
G. REVIEW OF PLANS FOR REDESIGN
Plans submitted due to design changes will be reviewed on a billing rate schedule
basis (see IV.C.1).
Carter&Burgess Contract for Professional Consulting Services Page 8 of 8 January 12, 1999