HomeMy WebLinkAboutContract 26753 CITY SECRETARY
CONTRACT
CITY OF FORT WORTH
PLUMBING INSPECTION AGREEMENT
A
This Agreement made this day of 2001, between the
City of Fort Worth (hereinafter referred to as the "City"), and
/1117 C�r, o (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. — - --
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PROFESSIONAL RESPONSIBILITIES
Plumbing Inspector agrees to perform said Services expeditiously, on request, in
accordance with sound and generally accepted inspection principals and standards, to
check for compliance with the applicable City of Fort Worth Code or Codes.
When requested, the Plumbing Inspector shall conduct on-site plumbing
inspections for compliance with regulation established by the City or State for plumbing
installation.
All documents which come into the possession of Plumbing Inspector are and
shall remain the property of the City and shall be maintained as public records subject to
determination by the City otherwise.
CITY REVIEW
Plumbing Inspector agrees and understands that City officials may, at their
discretion, make periodic site visits to review, inspect and duplicate any inspections
performed by the Plumbing Inspector in order to insure a quality control of performance.
The city official shall maintain full interpretation authority of all affected codes as well as
the authority to require corrections, including, but not limited to, notices and/or stop work
orders. Plumbing Inspector understands that, upon completion of all building projects, the
City official will perform a final inspection prior to the issuance of a certificate of
occupancy.
TERMINATION
This Agreement may be terminated by either party for any reason by giving two
(2) days written notice. The City reserves the right to suspend or stop services
immediately.
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2
AMENDMENTS TO AGREEMENT
Any amendment to this Agreement must be in writing and signed by the
Plumbing Inspector and the City Manager of the City.
NON-EXCLUSIVE AGREEMENT
It is understood and agreed that retention of the Plumbing Inspector by the City to
perform the Services, and for the purposes stated in this Agreement, is not exclusive.
ASSISTANTS
The Plumbing Inspector does not have the right to employ assistants or sub
plumbing Inspectors to perform the Services without the advanced written consent of the
City Development Director. All assistants or sub-plumbing inspectors employed by the
Plumbing Inspector shall be licensed plumbing inspectors.
INDEMNIFICATION
Plumbing Inspector assumes the entire responsibility and liability for any claim or
action based on or arising out of injuries, including death, to persons or damages to or
destruction of property, sustained or alleged to have been sustained in connection with or
to have arisen out of or incidental to the performance of this contract by Plumbing
Inspector, regardless of whether such claims or actions are founded in whole or in
part upon alleged negligence of the City of Fort Worth, its officers, agents or
employees, or the employees, agents, invitees, or licensees thereof. In respect to any
such matters as set out above, Plumbing Inspector further agrees to indemnify and hold
harmless the City of Fort Worth, its officers, agents and employees and agrees to defend
any claim or suit or action at Plumbing Inspector's own expense when suit is brought
against the City of Fort Worth, its officers, agents or employees, and employees, agents,
invitees, and licensees thereof.
INSURANCE
It is agreed between Plumbing Inspector and City of Fort Worth that Plumbing
Inspector will secure and furnish City with a certificate of general liability and
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automobile insurance coverage in an amount specified by standard policies and
procedures of the Risk Management Department of the City during the term of this
contract. The City of Fort Worth shall be shown as an additional insured on said policies
of insurance.
FORCE MAJEURE
The Plumbing Inspector shall not be responsible or liable for any loss, damage, or
delay caused by force majeure which is beyond the control of the parties, which shall
include riot, insurrection, embargo, fire or explosion, the elements, act of God, epidemic,
war, earthquake, flood, or the official act of any government.
ASSIGNMENT
This Agreement shall not be assigned in whole or in part by the Plumbing
Inspector.
LEGAL CONSTRUCTION
In case of any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained in it.
WARRANTIES
Plumbing Inspector hereby warrants that:
a. Plumbing Inspector has, currently in effect, all necessary licenses to perform
the work, and Plumbing Inspector is qualified to perform the work as required
by the City's Codes and the State of Texas;
b. All assistants or sub plumbing inspectors employed by Plumbing Inspector
shall be currently licensed plumbing inspectors;
c. All work is to be performed in a professional and workmanlike manner;
d. The Plumbing Inspector agrees to and represents that it will not in any fashion
discriminate in the provision of Services against any person because of race,
color, religion, national origin, sex, age, disability,political belief, sexual
orientation or affiliation.
INDEPENDENT CONTRACTOR
It is the express agreement and understanding of the parties that Plumbing
Inspector is in all respects an independent contractor of the City. The relationship
between the Plumbing Inspector and the City is that of an independent contractor.
Neither party is an employee, servant, or partner of the other, and neither has the right,
authority, or power to direct, bind, or obligate the other in any way, except within the
context of this Agreement.
The City is interested only in the results to be achieved, and the control of the
work will lie solely with Plumbing Inspector. Plumbing Inspector shall set his or her own
hours of work and the number of hours that he or she shall work to accomplish the
purposes of this Agreement.
PRIOR AGREEMENTS SUPERSEDED
This Agreement constitutes the sole and only agreement of the parties to it, and
supersedes any prior understandings or written or oral agreements between the parties
respecting this subject matter.
TEXAS LAW TO APPLY
This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created under this Agreement are
performable in Tarrant County, Texas. Venue shall be in the state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
5 �l
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::
Compan
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44 L.4 7' 7Su r 3
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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.
ATTEST: U— -")
O WORTH
._
loria Pearson i Secretary -54.-a/ Assis ant City Manager
Approved to form and legality PLUMBING INSPECTOR
David Yett, City Attorney
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: .✓c� it (� (� Name' a r-(o �Dz L
Assistant City ttomey
Title:
7
Contract Authorization
Date
EXHIBIT "A"
ATTACHED TO AND MADE A PART OF AN
INSPECTION AND CODE COMPLIANCE SERVICES AGREEMENT
A.1. Plumbing Inspector: J1) k,r-( y Pe L e c�,,k
Name
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Address
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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.
8 ..
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
G & R Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
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OVERAGEFort Worth, TX 76112-3282 COMPANY
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INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W[TH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY YHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POUCYNUNBER POUCVEFFECTIVE POUCYF!XPIRATION LIMITS
LTR DATE(MMAIDIM DATE(MM/DD/YY)
GENERAL UABIUTY OENERALAGGREGATE S 2, 000, 00
A x COMMIS &GENERAL uAsuTY GLA7 0 6 2 5 8 0 11/10/00 11/10/01 PRODUCTS•COMROP AGO $ 1, 000,_M
O-OM MADE a OcCUR P06ONAL A ADV INJURY 5 1 1 000, 0T
OWNEFTB a CONTRACTOR'S PROT EACH OCCURRENCE $ 1' 000' 00
RAE DAMAGE(Arty ono fro) S 100' M
MED EXP(Any one n) S S 0 0,
AUTOMOBILE LIMUTY
COMBINEDSINGLELIMIT S
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDLA.ED AUTOS (Per P01°°s') S
HIRED AUT06 BODILYINim
NON-OWNEA AUTOS
PROPERTY DAMAUE $
SAGE LIABILITY AUTO ONLY•EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY.
EACH AOCIDENT 9
AGGREGATE S
EXCM UASILM EACH OOCI.IAAENCH $
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORTH 4
WORKEi6 COMPENSATION AND
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THE PSOPRIETOR/ WCL EL DISEASE•POLICY LIMIT Z
PARTNERStEXECUTIVE
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B professional E0806288 11/10/00 11/10/01 $1, 000, 000/$2, 500 Ded.
Liability
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DESCRIPTION OF OPERATIONSAA=TIONSNEHICLEBISPECEAL BEMs +
Certificate Holder is named as an Additional Insured a CCUSU
General Liability. ,
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SHOULD ANY OF THE ABOVE P99MBED POLMEE BE CANrE1.1" BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WUL ENDI?ILVOR TO MAIL
City of Fort Worth ,LQ-DAYS WRITTEN Honer TO THE COMFICATE HOLDER NAMES TO THH LEFT,
Attn: Sarah Fullenwider BUT FAILURE TO MAIL SUCH NOTICE SHALL MWOSE No COUGATION OR UA131UTY
1000 Throckmorton of ANY IOND UPON THE COMPANY, ITS om OR RE "wWTATM$.
Fort Worth, TX 76102 AUTHORREDREPRIWOOA
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** TOTAL PAGE.01 **
;f 1/10/01 07:54 Enterprise Rent-A-Car tleaman, Christine D- Mr. Bill 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/DDlYYYY) D111 O INSURERS:
PRODUCER Marsh USA Inc, A: USF&G
or BROKER: 800 Market Street Suite 2604
St.Louis,MO 63101 B:
Phone:(314)512-2415 ,
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INSURED:
Graham Marcus. Inc& D:
Enterorise Rent-A-Car Company et at,
600 Corporate Paris Drive E:
St. Louis. MO 63105 _
THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED,
NOTWITHSTANDING 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 LIMITSSHOWN MAY HAVE BEEN REDUCED
BY PAID CLAIMS.
COVERAGES:
INSURER TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS
LETTER
CFNFRAI 1 IARII ITV
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE
OCCURENCE
AUTOMOBILE LIABILITY Combined Singic Urnit, $1.000.000
L-JALL OWNED AUTOS AUTO
DALL DRE 1535599 9/1/00 9/1/01 Body Inlay per Person:
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HEDULEDAUTOS 1*2790y AUTOS Bodiy InKry per Acs.
e11Tnc Property Damage:
W'aw Bolvw
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
UMBRELLA
OTHER Than UMBRELLA Form
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
DESCRIPTION:
Certificate holder and City of Fort Worth are eddlional immreds as their interest may appear"Any
vehicle leased from Enterprise Fleet Services where the contract Includes Insurance coverage.
VENDOR ID: 11$24 GPBR: rAAA Al ITHn1717Fr1 RFDRESENTATIVE:
HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION
city of Fort worth DATE THEREOF,THE 133UING INSURER WILL ENDEAVOR TO MA 30 DAYG WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FALLURF TO DO Sc
9000 Throckmartin SHALL IMPOSE NO OBLIGATION OR LIABILI F ��Y`KINg LtPON RER,ITS
Fort Worth,TX 76102 AGENTS OR REPRESENTATIVES. � U U'�.
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City of Fort Worth, Texas
"alJor and Council congnsu"i cation
DATE REFERENCE NUMBER LOG NAME PAGE
1/16/01 **G-13127 1 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.
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
"anor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1116/01 **G-13127 1 06PROGRAM 2 of 3
SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING
INSPECTION PROGRAM
City staff attended the Enforcement Committee meeting in September 2000, and it was determined that
a contractual agreement similar to those with other jurisdictions might address the Board's concerns of
employment and compensation. A draft agreement between the City and individual plumbing
inspectors was submitted to the Board on November 8, 2000, :and discussed at their November 13,
2000 meeting. Following the hearing, the Board's attorney relayed to the City that minor changes to the
agreement would make the contract acceptable to the Board. A revised agreement was submitted to
the Board on December 8, 2000.
The proposed agreement makes each third party plumbing inspector an independent contractor of the
City and restructures the method of payment for those inspection services. The City will collect, at the
time of permitting issuance, a percentage of the total building permit for the plumbing portion of a
project. Upon completion of plumbing inspections by the third party inspector and invoicing of those
services, the City will issue payment for the services rendered.
On December 22, 2000, the Board Administrator communicated that the Board's Enforcement
Committee, Board staff and the Board's attorney had reviewed the Plumbing Inspection Agreement
submitted on December 8, 2000. The Board's attorney advised the Board that under the revised
agreement, the relationship between the Licensed Plumbing Inspectors and the City of Fort Worth, e
along with the method for compensating the Licensed Plumbing Inspectors, does not violate the
Plumbing License Law or Board rules.
In order to begin implementation of the restructured third party plumbing inspection program, it is
necessary to authorize the City Manager to enter into agreements with each third party plumbing
inspector as independent contractors. A copy of the proposed Plumbing Inspection Agreement is
attached.
Additionally, it is proposed to withhold 10% of all building permit fees for related plumbing inspection
services for each new construction project. In the case of remodeling projects or jobs with only
plumbing work, the City will collect the entire plumbing permit fee of which 90% will be returned as
payment for inspection services. These collections will equal the maximum amount payable to the third
party plumbing inspector for services rendered. It is estimated that for the remainder of the fiscal year,
collection for the new construction projects would be $105,000, and collections for the plumbing permit
only projects would be $10,000. Attached are the necessary ordinance amendments to facilitate this
collection.
In order to manage the collections, invoicing and issuance of payments for the third party plumbing
inspection program, it is estimated that one additional authorized position and associated office
supplies and equipment will be needed. The annual impact on the General Fund budget is estimated to
be $43,000. The present implementation of this program will be handled as an overage and more
clearly identified in the proposed FY2001-2002 General Fund budget once actual impact can be
determined.
City of Fort Worth, Texas
qV611jor And Council Communication
DATE REFERENCE NUMBERLOG NAME PAGE
1/16/01 **G-13127 06PROGRAM 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
Office by: (to)
Mike Groomer 6140 (� AVPPROVED
Originating Department Head: CITY COUNCIL
Bob Riley 8901 (from) JAN 16 2001
Additional Information Contact:
City Secretary of the
Bob Riley 8901 CLty of Fort Werth,Teaas
Adopted Ordinance No. /`A/Y5 adopted Ordinance rjo. IWfiC
Adn -ted ��rd ��ar t:: , � 7 Adopted Ordinance No. 1-WV., 'Z Adopted Ordinance No. y