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HomeMy WebLinkAboutContract 26513 CITY SECRETARY CONTRACT NO CITY OF FORT WORTH PLUMBING INSPECTION AGREEMENT This Agreement made thisdayof Cfiutlu�L , 2001, between the City of Fort Worth (hereinafter referred to as the "City"), and Jp e cl ,s I e-f ed— , (hereinafter referred to as the "Plumbing Inspector"). In consideration of the mutual promises contained in this Agreement, the parties agree as follows: RECITALS The City of Fort Worth is a home rule municipal corporation of the State of Texas, located within Tarrant and Denton Counties, Texas. The City desires to retain a Plumbing Inspector to provide the Services as set out in Exhibit, "A" which is attached hereto and made a part hereof for all purposes, being hereinafter referred to as the "Services". The Plumbing Inspector agrees to perform the services as set out in Exhibit"A". AGREEMENT The City and Plumbing Inspector, for and in consideration of the mutual covenants herein, set forth agree as follows: It is agreed that the City retains the Plumbing Inspector to provide the Services as set out in Exhibit "A", subject to the terms, conditions, and stipulations under this Agreement. COMPENSATION For and in consideration of the Services rendered by the Plumbing Inspector, the City shall pay and the Plumbing Inspector shall receive the fees set forth in Exhibit "A" attached hereto and incorporated herein by reference. Plumbing Inspector shall not accept any compensation or anything of value from any contractor or owner whose work is being inspected by the Plumbing Inspector. 103K A, P�EE��r)E 1�I�DU li c�� f—rel511(;",1VUSy PARTIES BOUND This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. MAILING ADDRESSES All notices and communications under this Agreement to be mailed or delivered to the City shall be sent as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Development Director Telephone (817) 871-8901 All notices and communications under this Agreement to be mailed or delivered to the Plumbing Inspector and if applicable, the corporation, association, partnership or any other non-governmental entity that employs said Plumbing Inspector shall be sent as follows, unless and until the City is otherwise notified: Plumbing Inspector:Q C�- 303 w (oT 2-- Company:Company: '�l 01, OA t EEC,00 to o Fay, 6 Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is placed in the United States Mail. Executed, 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 purposes. TTT�T• rr ry n� �l�ufi ORTH H1 Lri1,1 t.i1 i vi v��i f � i Gloria Pearso ity Secretary - /q-01 Assistant City Manager Approved to form and legality PLUMBING INSPECTOR David Yett, City Attorney ame: Y S '� Assistaj City Attorney Title:AWr 'uSF'�G�� C, - 13 1 q (nntract Authorization , - 11.47 - DI 'Date CC C IVY M- K 7 EXHIBIT "A" ATTACHED TO AND MADE A PART OF AN INSPECTION AND CODE COMPLIANCE SERVICES AGREEMENT A.I. Plumbing Inspector: J O e!.) S (e,c p c r- Name 303 ,--3u-z- Address �o�--�- CJug-k( 7G lv Phone A.2 Scope of Services: Plumbing Inspection A.3 Frequency: As Called/On Request A.4 Compensation: A percentage or flat rate associated with plumbing improvements covered by either a building permit for each project or a stand alone plumbing permit established and approved by the City Council. �vG G � 00 8 JAN 09 2001 15:52 FR G-R INSURANCE 817 451 1838 TO 19727477669 P.01 ..4:i:.^•.rw^+^ .� �, �. /::w'^:4):b+::. .ii j 4� <, ;•,. I"ka9.e ,: DA (MM/W/M ,s ,' s,��� o, ;, :�, T? ;r•> l`• rg'sw,w TE r �;rrO 1 0 9 O 1 wavmmrir'�`'4 »sr:. >a.Zy '!+:+Ki•ir` .'. :se�'�i.'v�w�S!�aY.'. ,.�...,..,:.,,,:•.<:.. ..;'.r ..wa;eau•. PRDDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION G & R Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J cy, HOLDER THIS CERTIMCAT'E DOES NOT AMEND, EXTEND OR 6464 Brentwood Stair Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 101 COMPANIES AFFORDING COVERAGE Fort Worth, TX 76112-3282 COMPANY ATrinity Universal Insurance Cos. NISE>N>n OOMPANY Graham Marcus, Inc. S Evanston Insurance Company 200 W. Coats Drive, Ste D COMPANY Allen, TX 75013 C COMPANY D ..r'!.:r."^f•'<Hr.l:t. Rir%4:' ..x..`•.14 irMSr%;;.v,< ,:,y+`Y.':r,rx ::x"` _'.x\'A y.p. i:p,..>x: i<.,.•�x„s••s;: Ei': M:' .'< ''C. 'i^ J''.•'ii: "ixi'ex.,.a:•.eb,.ii$i' y..R.. .r.. •#•r: k. ''tt^ ,-E:r.a�a�!a� .✓;r:x;.r,' ,�: ,v,..^..3�:3':. ..q><xa. •;•�iYnS . <•:•`",•,,i .k..: :tr•n•. '••�.�.�.y.,, :a e�iw.�`':'� �i � :>�, ?c � .�.��.a .s<•,. ei• ,:i +' ,,., �a 'o. �,. I"...1..,fi�'o-a+rA=1G,�"-, „•,}§�`'•,. N .. P s'y.:a,�.^�.u. Y i .G X S'<.,, >: :'a:N.�u.ow:if:e.. :das;,,l`:,✓ � :: . 'v�".f��'."biS��u"i•Ma!�itF::�udexo-.Xiiwt>..di�iu:.�x•a::,4.n�si7.(�1'Gf'k%� '�'�++'� Y,.�• «5aii hTHIS 10 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURFO NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ATYPE OF pBURANCPOLICY NUMBRIEFFECTIVE DLICYPX LIS L DASp ATE MWM GENERAL UALnUTY GENERALAGGREGATE 5 2 000, 000 A X awmsICIAL GENERAL LIABILITY GLA7 0 6 2 5 8 0 11/10/00 11/10/01 PRODUCTs•WMP/OP AGG $ 1, 000, 000 aWAS MAM Fx OCCUR PER90NAL 6 ADV INJURY 5 1, 000, 000 OVRNE"S CQNTFUICTOR S PROT EACH OCCURFIE= $ 1, 000, 000 FAE DAMAGE(Arty one+Vv) i 100, 000 MW Ex?(ABY One ) S 51000 AUTOMOWLE LIAMUTY COM81NEDSINGLE LIMIT S ANY AUTO ALLOWNEDAIJ= BO L SCHEDULW AUTM S HIRED AUTOS BOMY JU NOt AUTW S PROPERTY DAMAGE f SAVAGE UABUM AUTO ONLY•EA ACCIDNT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS UA81LJ7Y EACH OOMMA04CE S UMSFEL AFORN AGGREGATE f OTHER THAN UMMRIM A FORM S WOPJUM OOMPEWSATION AND A Kr a 04%0"M UABILrTY EL EACH ACCIDENT S w THE PAOPRETORY WQ EL DISEASE•POLICY LIMIT S P OFFICERS APE EXCL EL DSEASE•EA EMPLOYEE S OTHER B professional E0806288 11/16/00 11/10/01 $1, 000, 000/$2,500 Ded. Liability OMCMPnM OF OPERAITONE/LOCArxmNlHFcuwsPEmL ffun Certificate Holder is named as an Additional Insured as respects General Liability. SHOULD ANY OF THE AX&M DEECWs® POUdES BE CANCELLED SUOM THE EXPIRATION DATE THEREOF, THE WMRQ COMPANY WILL BMOVON TO BNL City Of Fort Worth 10_One wwrm NOTICE TO THE cium<FCATE HOLDEN mum To THi LIFT, Attn: Sarah Ful lenwider BUT AVIAN B TO MAB.&UCH NOTICE$MALL B-Off NO OSUOATXM OR LMUFY 1000 Throckmorton OF ANY aND UPON THE COMPANY, ITS OR RZPR1SWITATFVES. Fort Worth, TX 76102 AUTHOAI2EDREPREi0"- x. .:. c t ** TOTAL PAGE.01 1/10/01 07:54 Enterprise Rent-A-Car Neaman, Christine D-*Mr. B111 Graham 2/2 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED DATE(MM/DDNYYY) Q1/10 INSURERS: PRODUCER Marsh USA Inc, A: USF&G or BROKER: 800 Market Street Suite 2600 St.Louls,MO 63141 B_ Phone:(314)512-2415 -• - C: INSURED: Graham Marcus. Inc& D: Enterprise Rent-A-Car Company et al. 600 Corporate Park Drive E: St. Louls. MO 63105 THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED. NOTYNTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE OF LIABILITY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THF INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGRATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGES: INSURER TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS LETTER C%FNFRAI I IARII ITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCURENCE LJAUTOMOBILE LIABILITY Combined Single Limit. $1.000.000 ANY AUTO DRE 1535599 9/1/00 9/1/01 Badly Injury per Person: ❑ALL OWNED AUTOS A �SCHEDULED AUTOS 27y09 Bodily InAV per AAO. HIRED AUTOS NnN.nWNGn Al ITr1c Property Damage: R"8oc Oak,- GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA OTHER Than UMBRELLA Form WORKERS COMPENSATION AND EMPLOYERS LIABILITY DESCRIPTION: Certificate holder and Cdy of FortWorth are edcytional irmreds as their Interest may appear."Any vehicle leased from Enterprise Fleet Services where file contract Incudes Instrance coverage. VENDOR ID: 113:4 GPBR: 0911A Al rrldt7R17Frt RFDRESENTATIVE: HOLDER: CANCELLATION: SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION city of Fort worth DATE THEREOF,THE 133UINO INSURER WILL E14DEAVOR TO MA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SC 10100 Throckmortin SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS Fort Worth,TX 76102 AGENTS OR REPRESENTATIVES. Q Cepytigk MowUt Vft7t=1999,All Pf"RVA-*d Fartrk CV M/1/1999 �n •-,nu , -nuT 6cnnva41d 1.1HU4vn OTTOCCCITO JQ_OO TQQ7/LIT/TS City of Fort Worth, Texas "alJor And Council Communication DATE REFERENCE NUMBERLOG NAME PAGE 1/16/01 **G-13127 06PROGRAM 1 of 3 SUBJECT, AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PROGRAM RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into agreements with independent contractors for third party plumbing inspectors to perform plumbing inspections within the City of Fort Worth; and 2. Adopt the attached ordinances which establish 10% as the amount retained for new construction building permits to cover the maximum amount payable for third party plumbing inspection services; and 3. Adopt the attached ordinances which establish 90% as the amount retained for all plumbing work permits, other than new construction, to cover the maximum amount..payable for third party plumbing Inspection services; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund by$115,000. DISCUSSION: On March 2, 1999 (M&C G-12492), the City Council adopted ordinance amendments and directed staff_ to implement a_ program allowing third party plan review.and inspection services for the Building, - Electrical, Plumbing and Mechanical Codes. This program was necessary, to address heavy demands In building construction inspections, problems with recruiting and retaining qualified City staff, and to better meet the special expertise or expedited schedules for various projects. At the time 'of implementation;the City was experiencing 30% of all inspection requests not being performed within 24 hours of the request, resulting in a decrease of productivity, construction delays and increased costs.w­_- The -.- The third party program allowed contractors-and/or owners of projects to contract directly with plan review or inspection firms to provide services normally delivered by the Development Department. On May 25, 1999 (M&C.G-12568), the City Council authorized a waiver of 90% of the calculated building, electrical, plumbing or mechanical fees for projects managed by a third party firm. The collection of 10% by the City was determined as the amount necessary to cover staff costs in quality control and record generation or management. On August 16, 2000,,the Texas State Board of Plumbing Examiners (Board) inquired into Fort Worth's third party program.to determine if the program was upholding the State Plumbing License Law and Board's rules. In particular, the Board had questions regarding the employment relationship between the City and the third party plumbing inspector and the method of payment for those services: Subsequent replies and communications with the Board resulted in the Board Administrator ruling that the Fort Worth third party plumbing Inspection process was not meeting the requirements of the Plumbing License Law or the Board's rules. The matter was forwarded to the Board's Enforcement,, Committee for consideration on September 28, 2000. City of Fort Worth, Texas 4Valjor' And Coun"'I Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/16/01 **G-13127 06PROGRA14 3 of 3 SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PROGRAM Favorable consideration by the City Council for the third party plumbing inspection program. and structure will authorize staff to implement the program on February 5, 2001. It should be noted that staff has been working with the Safety and Community Development Committee to change the structure and amounts of building permits.. Changes of fees and the percent waiver for third party inspection services will be recommended in the near future. At that time, the attached ordinances will need to be amended appropriately. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available, as appropriated, in the General Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Offlce by: (to) Mike Groomer 6140 APPROVEDCITY COUNCIL Originating Department Head: Bob Riley 8901 (from) JAN . 16 2001 Additional Information Contact: . l?�te�.�J City Seetary of the Bob Riley 8901 My ofcr Fort Werth,l'ezas Adopted Ordinance No. I`,8'S Adopted Ordinance No,L'6�0