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HomeMy WebLinkAboutContract 57723 CSC No. 57723 CITY OF FORT WORTH THIRD PARTY COMPANY AGREEMENT This THIRD PARTY COMPANY AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Parker, Johnson, Denton, and Wise Counties, Texas (hereinafter referred to as the "City"), and the approved third-party company, AOKA ENGINEREING LLC dba AOKA CODE CONSULTING (hereinafter referred to as the "Third Party Company"). WHEREAS, the City of Fort Worth is a home rule municipal corporation of the State of Texas, located with Tarrant, Parker, Johnson, Denton and Wise Counties, Texas; and WHEREAS, the City of Fort Worth implemented a program effective March 3, 1999, to accept certified third party organizations to perform plan review and inspection services for construction projects to ensure timely services to permit applicants; and WHEREAS, with the adoption of a State Energy Code, the program was expanded to require Energy Code certifications as a mandatory qualification; and, WHEREAS, in 2005, the program expanded to permit limited zoning compliance review. The following information describes the policies and procedures applicable to this program; and, WHEREAS, the City desires to allow private Third Party Companies to perform plan review and inspection services for the public; and WHEREAS, the Third Party Company agrees to perform the services as contained in this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I. SERVICES PROVIDED § 1.01. The City certifies the Third Party Company to provide the Services as set out in Article IV subject to the terms, conditions, and stipulations under this Agreement. § 1.02. Third Party Company shall provide plans exam services as contracted between the customer and the Third Party Company. When the Third Party Company provides the plan review for a project, services for all five trades must be provided including: building, electrical, mechanical, plumbing and energy. § 1.03. A Third Party Company that is separately trained and endorsed by the City may provide zoning compliance review in addition to providing plans exams or inspections. OFFICIAL RECORD CITY SECRETARY Third Parry Company Agreement Revised 1.26.22 1 FT. WORTH, TX § 1.04. If a Third Party Company is temporarily not certified in all trade areas, the company may partner with other third party organizations in order to cover all five trade areas for plan review and/or inspections, provided the Third Party Company obtains prior written City approval. Approval shall be at the discretion of the Building Official. The City will consider the firm certified in building code to be the primary contact. § 1.05. The Third Party Company shall not accept a project that is already permitted and receiving plan review or inspections through the City or another Third Party Company without the express permission of the Building Official. ARTICLE II. COMPENSATION § 2.01. Compensation for Services rendered by the Third Party Company shall be between the agent representing the property and the Third Party Company. § 2.02. The City shall not control or arbitrate the fees charged by the Third Party Company to the agent or others representing the property. § 2.03. The City is not responsible for compensating third party organizations except as required by State Plumbing Licensing law and under the provisions established by the Development Services Department. ARTICLE III. FEES § 3.01. The Applicant, as defined in Section 4.01, shall be subject to a modified permit fee schedule. Fees shall be based on the defined percentage of the fee scheduled adopted by ordinance by the City Council as follows: Third-Party Plan Review and Inspection Third-Party Plan Review/City Inspection City Plan Review/Third Party Inspection § 3.02. Any amendments by City Ordinance to the fee tables and amounts collected for permits shall be considered an amendment to this contract. § 3.03. [Intentionally Omitted] § 3.04. [Intentionally Omitted] ARTICLE IV. PERMITTING/PROFESSIONAL RESPONSIBILITIES § 4.01. The Third Party Company shall be the "Applicant" on all jobs except that licensed trade contractors shall be the"Applicant" for their trade permits. Third Parry Company Agreement Revised 1.26.22 2 § 4.02. Third Party Company agrees to perform said Services in accordance with sound accepted plan review principals and standards in a professional and workmanlike manner and to verify compliance with the applicable City of Fort Worth Code or any state codes. § 4.03. When hired by an agent for the property to provide said Services, the Third Party Company shall: (1) [Intentionally Omitted] (2) Provide review of plans, plats, documents, designs, developments, reports, studies, surveys, data, etc. prepared by persons or entities other than the Third Party Company and submitted to the Third Party Company by an agent for the property when hired for plan review services; (3) Provide input, comments, and/or recommendations deemed appropriate by the Third Party Company to assist the City in code and ordinance compliance. § 4.04. [Intentionally Omitted] § 4.05. [Intentionally Omitted] § 4.06. [Intentionally Omitted] § 4.07. [Intentionally Omitted] All materials, information, documents, whether finished, unfinished, or draft, that are developed, prepared, completed or acquired by the third party organization during the performance of services shall be made available to the City within three business days of a written or verbal request by the City and upon termination of the contracted services. Such materials shall include, but not be limited to, calculations, data, studies, surveys, reports, correspondence, memoranda, maps, models, photographs, drawings, and audio or video recordings. The Third Party Company shall also provide within three business days of the City's request, any original notes, documentation or other records of plans reviewed and/or provide written statements as appropriate for the City to respond to public information requests or complaints. Failure to provide the requested documentation will be considered a breach of the terms of this Agreement and may result in appropriate sanctions, up to and including termination of this Agreement at the discretion of the City. Retention of all documents by the Third Party Company shall be on a schedule and of such quality as dictated by the City. § 4.08. [Intentionally Omitted] § 4.09 [Intentionally Omitted] § 4.10. [Intentionally Omitted] § 4.11. The Third Party Company shall be solely responsible for monitoring their permits for expiration. Extensions must be requested prior to the expiration in order to allow fee waivers as outlined in the City Code. However, the City makes no guarantees and it is the Third Party Company's responsibility to validate the request for an extension as necessary . § 4.12. The Third Party Company shall not pull permits for projects that have not been confirmed by an agent for the property. Complete replacement of permitted floor plans or site Third Parry Company Agreement Revised 1.26.22 3 plans with alternate plans will not be allowed and without new permits and new fees. Determination of what constitutes complete replacement will be at the discretion of the City. No prior fees shall be refunded. ARTICLE V. CITY REVIEW/ SITE VISITS § 5.01. The City of Fort Worth retains the authority to render all code interpretations including stop work orders and to require variances and/or appeals to be filed with the appropriate City board. § 5.02. The Third Party Company agrees and understands that City officials may, at their discretion, make periodic site visits to review, inspect and duplicate any plan reviews performed by the Third Party Company in order to insure a quality control of performance. §5.03 In the event that a Third Party Company accepts a project that started either without permits or with a separate Third Party Company, the Building Official shall be notified in advance to certify the status of the job. § 5.04. [Intentionally Omitted] ARTICLE VI. QUALIFICATIONS § 6.01. A statement of qualifications submitted by the Third Party Company is attached as Exhibit "A." The statement is evidence of the minimum qualifications of the Third Party Company and its employees in the following categories: • experience with municipal or State plan review; • professional education and accreditation; • certification from model code organizations; • applicable trade licenses; • experience or training related to the Fort Worth Zoning Ordinance; • other applicable accreditation(s). § 6.02. The Third Party Company and all of its employed or contracted staff have currently in effect all necessary licenses to perform the work and are qualified to perform the work as required by the City's codes and the State of Texas. § 6.03. The Third Party Company is expressly prohibited from using plans examiners under this Agreement who are not on the City's approved list. § 6.04. Upon execution of this Agreement and before the use of any newly hired plans examiner, the Third Party Company shall submit and maintain a list of all employed or contracted staff for the City's review and approval, such approval may be granted by the Director of Development Services or designee. Said list shall be attached and incorporated into this Agreement as Exhibit "B" and each revision to Exhibit`B" by the Third Party Company shall be incorporated into the Agreement Third Parry Company Agreement Revised 1.26.22 4 and shall supersede the previous list. The Building Official has the authority to accept alternative licenses, certifications or levels of experience for approval on a case-by-case basis either for a Third Party Company or its employees. § 6.05. The control of the work will lie solely with the Third Party Company. The Third Party Company shall set the hours of work of their plans examiners and other employees and the number of hours needed to accomplish the purposes of this Agreement. § 6.06. [Intentionally Omitted] ARTICLE VII. TERMINATION § 7.01. This Agreement may be terminated by either party for any reason by giving two (2) days written notice. § 7.02. In lieu of termination, the City may, in its sole discretion, suspend the Third Party Company or one or more of its individual employees for poor performance, one or more violations of professional responsibilities, failure to achieve accuracy rates as determined by the City, one or more violations of the public's trust, public safety or accepted ethical standards, or for any other reason the City deems appropriate. § 7.03. In the event that this Agreement is terminated, the Third Party Company is responsible for providing a list of all projects in progress by the Third Party Company at the time of termination. The Third Party Company shall provide a status of the project and evidence of approved or partially reviewed plans and documentation. In the event that these records are not available, the City assumes no liability asserted by the property or project agent due to necessary re-inspections, removal of completed work to allow inspection or ensure compliance with City codes, lost productivity, or any other costs associated with City assumption of the project. § 7.04. Termination of this Agreement as provided in this article will not relieve the Third Party Company from paying any sum or sums due and payable to City under the Agreement at the time of termination or any claim for damages then or previously accruing against the Third Party Company under this Agreement. Termination by either party will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from the Third Party Company for any default under the Agreement. All City's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement, inclusive of withholding future inspections and certificates of occupancy. ARTICLE VIII. INDEMNIFICATION § 8.01. THIRD PARTY COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, Third Parry Company Agreement Revised 1.26.22 5 THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (1) THIRD PARTY COMPANY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF THIRD PARTY COMPANY , ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE SERVICES PROVIDED AS OUTLINED IN THE AGREEMENT BETWEEN THE CITY AND THIRD PARTY COMPANY OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THIRD PARTY COMPANY AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. § 8.02. For any commercial project with a valuation exceeding $250,000, a "Project Application for Use of Third Party Organization" must be executed by the project owner [defined as a tenant, owner or contractor] prior to issuance of a building permit. For projects with a valuation less than $250,000, a separate form is not required. However, a document signed by the person or corporation employing the third party organization with the following language must be maintained in the files of the Third Party Company: "I have read and understand the City of Fort Worth's Third Party Organization's Policies and Procedures and the code provisions relating to third party plan review. The undersigned hereby indemnifies, holds harmless and defends the City of Fort Worth, its officers, and employees, from and against any and all damages to properly or injuries to, or death of, any person(s), including without limitation property and employees of the City, and against any and all liabilities, suits, actions, proceedings, or judgments, resulting from the acts or omissions of the undersigned or of the undersigned's employees or subcontractors, including without limitation the acts of the third party organization retained to perform plan review and/or inspections." Tenant, owner, or contractor Date By: Print Name: ARTICLE IX. INSURANCE § 9.01. The Third Party Company will secure insurance in amounts no less than those indicated herein, and furnish City with a certificate of insurance to evidence the policies before any work shall begin. The Third Party Company shall be solely responsible for submitting renewal information in a timely manner. Permits shall be denied to any Third Party Company that has any expired insurance listed below and fails to document renewal with the City. City shall have no responsibility for any costs associated with the required insurance. Third Parry Company Agreement Revised 1.26.22 6 GENERAL LIABILITY$1,000,000 per occurrence/ $2,000,000 aggregate PROFESSIONAL LIABILITY (Errors and Omissions) If purchased as an excess policy, the certificate must state the inclusion of Professional Liability $500,000 per occurrence and annual aggregate in force for five years from date of certification WORKERS COMPENSATION Statutory benefits for Workers Compensation Employers Liability limits: $100,000 each accident/occurrence $100,000 Disease, each employee $500,000 Disease, policy limit § 9.02. The City of Fort Worth shall be shown as an additional insured on general liability and automobile policies. All policies shall provide a Waiver of Subrogation on behalf of the City of Fort Worth. § 9.03. Insurers of required insurance policies shall be acceptable to the City of Fort Worth in terms of financial solvency and strength and have a current A.M. Best Key Rating Guide rating of AXII or be reasonably equivalent thereto. Insurers shall be licensed by the Texas Department of Insurance (TDI) to do business in the state of Texas or be otherwise authorized as eligible to do business in the state of Texas. Alternative retention groups or risk pools may be acceptable to the City of Fort Worth pending qualifications by TDI and require advance approval by the City of Fort Worth. § 9.04. Third Party Company representatives are not employees or subcontractors of City: Third Party Company acknowledges that he or she, if an individual, or it, if an entity, will contract directly with the agent for the property for performance of plan review services, on terms approved by the parties. The undersigned and the officers, agents, employees, and subcontractors of Third Party Company shall not be deemed officers, agents, employees or subcontractors of the City of Fort Worth. The City of Fort Worth shall have no liability to Third Party Company or to any person retained by the undersigned, including but not limited to liability for payment for services. § 9.05. The Third Party Company agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages as a result of performing services under this Agreement. The Third Party Company agrees to make its officers, agents, and employees available to the City, at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the City may be responsible hereunder. § 9.06. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by City or The Third Party Company as to any claim of any third party. Third Parry Company Agreement Revised 1.26.22 7 § 9.07. Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. ARTICLE X. CONFLICTS OF INTEREST § 10.01. Third Party Company shall have no substantial interest, direct or indirect, in projects on which they are retained to perform plan review, or in the owners, contractors or subcontractors of such projects. This shall include, but is not limited to, projects in which the Third Party Company or its assigned employees, has a substantial interest, participated in the design, preparation of plans, or construction. and projects involving owners, contractors or subcontractors in which the person has a substantial interest. § 10.02. "Substantial interest" means: a. Owners or employees of the Third Party Company have any voting shares of the entity, or has other business or financial interest in the entity, provided that the direct or indirect ownership by Owners of employees by the Third Party Company as an inactive investor of not more than five percent of the outstanding voting securities of an entity listed for trading on a national stock exchange or quoted on any nationally recognized automated quotation system shall not be deemed a violation of the provisions of this Agreement b. Employees of Third Party Company received more than 10% of his or her gross income for the previous year from the entity, except for income derived for services as a third party organization; C. Owners or employees of the Third Party Company serve as an elected officer or a member of the board of directors or governing board of the entity; d. The owner or any employee of the Third Party Company is employed by the entity; e. The Third Party Company received more than 50% of its gross income for the previous year from the entity as determined by an outside, independent, third party agency agreed to by the City and the Third Party Company and submitted to the City no later than April 15'for the preceding calendar year; or f The Third Party Company has been paid additional compensation for noncompliant plan review or agreed to provide noncompliant plan review in exchange for future business. § 10.03. An "entity" means a sole proprietorship, partnership, firm, corporation, holding company,joint stock company, receivership, trust, or any other entity recognized by law. Third Parry Company Agreement Revised 1.26.22 8 § 10.04. In the event of the loss of a major client or during the start-up period for a new Third Party Company, the City may temporarily waive the limitation on percentage of gross income from a single source. However, the Third Party Company shall advise the Building Official in writing of the temporary potential conflict and the timeline to remedy such potential conflict. This notice shall be provided as soon as the Third Party Company should reasonably be aware of the imbalance. The City may require an additional 10% quality control inspections for a fee equivalent to the fee for after-hours inspections. § 10.05. Failure to disclose potential conflicts of interest to the City may result in suspension or termination of this agreement. ARTICLE XI. NOTICES § 11.01. Any notice, demand, request or other communication hereunder given or made by either party to the other shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such other address as they may hereafter specify by written notice so given. a. If to City: Director of Development Services City of Fort Worth 200 Texas Street Fort Worth, TX 76102 b. If to the Third Party Company: Aoka Engineering LLC(DBA:Aoka Code Consulting) 616 Allen's Creek Way Round Rock,Texas 78664 ARTICLE XII. GENERAL PROVISIONS § 12.01. Amendments to Agreement. Any amendment to this Agreement must be in writing and signed by the Third Party Company and the City Manager of the City or his/her designee § 12.02. Non-Exclusive Agreement. It is understood and agreed that retention of the Third Party Company by the City to perform the Services, and for the purposes stated in this Agreement, is not exclusive. § 12.03. Force Majeure. The Third Party Company 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. Third Parry Company Agreement Revised 1.26.22 9 § 12.04. Independent Contractor. The Third Party Company shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. Third Party Company shall have the exclusive control of, and the exclusive right to, control the work designated to the Third Party Company to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of .its officers, agents, servants, contractors, subcontractors and employees. Neither City nor Third Party Company shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. Provided, however, that no provision of this Agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. § 12.05. Prior Agreement 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. § 12.06. No Termination on Bankruptcy. Bankruptcy, insolvency, assignment for the benefit of creditors, or the appointment of a receiver will not affect this Agreement as long as the parties or their respective successors or legal representatives continue to perform all covenants of this Lease. § 12.07. Successors and Assigns. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors, representatives and assigns, if any. § 12.08. Invalidity of Provisions. It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either party in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. § 12.09. Waiver of Immunity. If Third Party Company, Sponsoring Company or Company as a charitable association, political subdivision, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, to the extent permitted by law, hereby expressly waives its rights to plead defensively such immunity, including governmental immunity, or exemption as against City. § 12.10. Applicable Laws. The laws of the State of Texas shall govern this Lease and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Lease shall be in Tarrant County, Texas. Third Parry Company Agreement Revised 1.26.22 10 § 12.11. Discrimination. The Third Party Company will not discriminate in the provision of services or execution of this Agreement against any person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. § 12.12. Prohibition on Boycotting Israel. The Third Party Company acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meaning ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, the Third Party Company certifies that the Third Party Company's signature provides written verification to the City that the Third Party Company: (1) does not boycott Israel; and (2)will not boycott Israel during the term of this Agreement. § 12.13. Prohibition on Boycotting Energy Companies. The Third Party Company acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, the Third Party Company certifies that the Third Party Company's signature provides written verification to the City that the Third Party Company: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. § 12.14. Prohibition on Discrimination Against Firearm and Ammunition Industries. The Third Party Company acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate against a firearm entity or firearm trade association," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, the Third Party Company certifies that the Third Party Company's signature provides written verification to the City that the Third Party Company: (1) does not have a practice, policy, guidance, or directive that Third Parry Company Agreement Revised 1.26.22 11 discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. § 12.15. Exhibits. All exhibits attached to this Agreement are incorporated and made a part of this Agreement for all purposes. § 12.16. Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. EXECUTED to be effective on the 27 day of June , 20 22 . go�4�nn� ATTEST: �� °FORr �a CITY OF FORT WORTH: d� �°° °°O%�d �.,o 0 9a .r�e�te S � r7�GG v o o= Jannette S.Goodall(Jun 28,202213:56 CDT) Y �p y Janette S. Goodall da °°°°°°°°°°°°° Dana Burghdoff City Secretary ��� , Assistant City Manager Approved as to form and legality: By: Assistant City Attorney THIRD PARTY COMPANY: Authorized Representative: Name: Ganesh Chapagain Title: CEO Signature: -- OFFICIAL RECORD CITY SECRETARY Third Parry Company Agreement Revised 1.26.22 12 FT. WORTH, TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuing all performance and reporting requirements. .A&LeM, Name: GaneshChapagain Building Official Title: CEO OFFICIAL RECORD CITY SECRETARY Third Parry Company Agreement Revised 1.26.22 13 FT. WORTH, TX EXHIBIT "A" Commercial—Plan Review qualifications: • Building Code — ICC Building Official certification or Model Code Plans Examiner certification (one required) • Electrical Code — Model Code Electrical Inspector certification, current State of Texas Master Electrical License or FW Master Electrical License (one required) • Mechanical Code—Model Code Mechanical Inspector certification, current FW • Mechanical License or State of Texas Class A or B License (one required) • Plumbing Code — Model Code Plumbing Inspector certification, current State of Texas Plumbing Inspector License or Texas Master Plumber License (one required) • Energy Code — Model Code Commercial Energy Plan Reviewer certification or Commercial Energy Field Inspector certification (one required) Residential (one- and two-family dwellings and their accessories) — Plan Review qualifications: • Building Code — ICC Building Official certification, Model Code Plans Examiner certification or Model Code Building Inspector certification (one required) • Electrical Code — Mode Code Electrical Inspector certification, current State Journeyman Electrical License or Fort Worth Journeyman Electrical License (one required) • Mechanical Code — Model Code Mechanical Inspector certification, current Fort Worth Mechanical License or State of Texas Class A or B License (one required) • Plumbing Code—Mode Code Plumbing Inspector certification, current State of Texas Plumbing Inspector License or Texas Journeyman Plumber License (one required) • Energy Code — Model Code Residential Energy Plan Review/Field Inspection certification (one required) Notes: 1. All licenses and certifications must be kept up to date. 2. Reference to "Model Code" is certification from ICC (formerly ICBO, SBCCI, BOCA), IAPMO or IAEI. 3. Reference to "Master or Journeyman Electrical License" is possession of a current State License. 4. Alternative qualifications, other than the ones listed above, will be considered by the Building Official on an individual basis and approval is at the sole discretion of the Building Official. Third Parry Company Agreement Revised 1.26.22 14 EXHIBIT `B" THIRD PARTY COMPANY List of Employed or Contracted Plan Reviewers Licenses, Certifications or Levels of Experience Name: Name: Name: Name: Name: Name: Name: Name: Name: Name: Third Parry Company Agreement Revised 1.26.22 15 Name: Name: Name: Name: "Exhibit B" Revision Date: Company Name• Authorized Representative: Print Name Title: Signature• Authorized Representative City Approval: Building Official or Authorized Representative Signature Date• Third Parry Company Agreement Revised 1.26.22 16 Key Personnel License, Certifications, and Level of Experience Roger Colson,MCP,CBO has decades of experience in the •M.S.Business Administration construction industry and has worked both in the private and •B.S.Business Administration and Construction Technology public sectors.Roger has worked as a municipal plans examiner •ICC Master Code Professional in various capacities.He is an ICC certified Master Code •ICC Certified Building Official Professional and a Certified Chief Building Official.Roger holds •ICC Building Plans Examiner a master's degree in Business Administration. •ICC Fire Plans Examiner •ICC Residential Plans Examiner •ICC Mechanical Plans Examiner •ICC Commercial Energy Plans Examiner •ICC Residential Energy Plans Examiner •ICC Plumbing Plans Examiner •ICC Accessibility Plans Examiner •ICC Building Code Specialist •ICC Plumbing Code Specialist •ICC Mechanical Code Specialist Mark Hardin,MCP,CBO has more than 30 years of •B.S.,Construction Management experience in theHe is an ICC certified Master Code •ICC Master Code Professional Professional,the highest level of certification provided by ICC. •ICC Residential Fire Sprinkler Plans Examiner Mark has worked for the Texas municipalities of University •ICC Commercial Energy Plans Examiner Park,Sulphur Springs,and Desoto as a Building Official. Mark •ICC Electrical Plans Examiner holds a degree in Construction Management&Technology— •ICC Energy Code Specialist Construction Science. Mark has served as an elected member of •ICC Combination Plans Examiner the Southern Building Code Congress on the Building Code Revision committee. In 2014,he was appointed to the ICC •ICC Plumbing Plans Examiner Certification Exam Committee for Fire and Smoke Proofing. He •ICC Mechanical Plans Examiner has also served as a Code Inspector Instructor for Texas A&M •ICC Certified Building Official University at College Station,TX. •ICC Certified Accessibility Plans Examiner •ICC Residential Energy Plans Examiner •ICC Electrical Code Official •ICC Building Code Official •ICC Green Building-Residential Examiner •ICC Building Plans Examiner •ICC Mechanical Code Official •ICC Housing Code Official •ICC Plumbing Code Official David Whittaker,MCP,CBO has over 20 years of experience • B.S.,Municipal Operations working in various building departments as Plan Review Manager, • ICC Master Code Professional Deputy Director of Planning and Zoning,Chief Building Official, • ICC Plumbing Plans Examiner and Director of Inspection Services.In these capacities,he has • ICC Fire Plans Examiner organized and led teams doing Building Inspection,Permit,Plan • ICC Building Code Official Review,Planning/Zoning,and Code Enforcement.He has • ICC Certified Fire Code Official organized new Plan Review divisions,provided council action • ICC Accessibility Plans Examiner items to town clerks,and presented policy/ordinance adoptions to • ICC Plumbing Code Official town council.He has conducted complex commercial and . ICC Building Plans Examiner industrial plan reviews where he has presented special use permit, variance and potential zone changes.He has taught I-MPG,and • ICC Fire Inspector II NEC codes in academic and non-academic settings.David has a • ICC Building Code Specialist Bachelor's degree in Municipal Operations and Management. • ICC Plumbing Code Specialist