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HomeMy WebLinkAboutContract 46007 CONTRACT MC , D CITY OF FORT WORTH PROFESSIONAL BUILDING INSPECTION SERVICES AGREEMENT (Third Party Company) THIS PROFESSIONAL BUILDING INSPECTION SERVICES AGREEMENT between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Johnson and Wise Counties, Texas (hereinafter referred to as the "City"), and METRO CODE ANALYSIS, L.L.C. a Texas limited liability company (hereinafter referred to as the"Company"). ARTICLE I. SERVICES PROVIDED 1.01. Services Subject to the terms, conditions, and stipulations under this Agreement, Company shall provide inspection services for both residential and commercial permits/projects, on as needed basis, as agreed to between the City and the Company. Company shall provide services for all trades including: building, electrical, mechanical, and plumbing and energy. ARTICLE II. TERM 2.01. Term This Agreement shall commence upon the date that both the City and Company have executed this Agreement ("Effective Date") and shall continue in full force and effect for a one (1) year ("Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. Following the Initial Term, this Agreement shall be renewable at the option of the City for three (3) additional terms of one year each (each a "Renewal Term"). The City shall provide Consultant with written notice of its intent to renew at least thirty (30) days prior to the end of each term. ARTICLE III. COMPENSATION AND FEES 3.01. Compensation The City shall pay Company an amount not to exceed $33,000.00 in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit "C," which is incorporated for all purposes herein. Company shall not perform any additional services for the rn City not specified by this Agreement unless the City requests and approves in writing the C-) additional costs for such services. The City shall not be liable for any additional expenses of < Company not specified by this Agreement unless the City first approves such expenses in M v writing. 0 C--) 0 rn N O OFFICIAL RECORD Professional Building Inspection Agreement 1 CITY SECRETARY Metro Code L.L.C. 2014 FT,WORTH,TX CITY SECIETAW, CONTRACT MO. CITY OF FORT WORTH PROFESSIONAL BUILDING INSPECTION SERVICES AGREEMENT (Third Party Company) THIS PROFESSIONAL BUILDING INSPECTION SERVICES AGREEMENT between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Johnson and Wise Counties, Texas (hereinafter referred to as the "City"), and METRO CODE ANALYSIS, L.L.C. a Texas limited liability company (hereinafter referred to as the "Company"). ARTICLE I. SERVICES PROVIDED 1.01. Services Subject to the terms, conditions, and stipulations under this Agreement, Company shall provide inspection services for both residential and commercial permits/projects, on as needed basis, as agreed to between the City and the Company. Company shall provide services for all trades including: building, electrical, mechanical, and plumbing and energy. ARTICLE II. TERM 2.01. Term This Agreement shall commence upon the date that both the City and Company have executed this Agreement ("Effective Date") and shall continue in full force and effect for a one (1) year ("Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. Following the Initial Term, this Agreement shall be renewable at the option of the City for three (3) additional terms of one year each (each a "Renewal Term"). The City shall provide Consultant with written notice of its intent to renew at least thirty (30) days prior to the end of each term. ARTICLE III. COMPENSATION AND FEES 3.01. Compensation The City shall pay Company an amount not to exceed $33,000.00 in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit "C," which is incorporated for all purposes herein. Company shall not perform any additional services for the rn City not specified by this Agreement unless the City requests and approves in writing the C-) additional costs for such services. The City shall not be liable for any additional expenses of < Company not specified by this Agreement unless the City first approves such expenses in M a writing. 0 n --i 0 rn N O r OFFICIAL RECORD Professional Building Inspection Agreement 1 CITY SECRETARY Metro Code L.L.C. 2014 FT.WORTH,TX ARTICLE IV. PROFESSIONAL RESPONSIBILITIES 4.01. The Company shall provide, on as-needed basis the building inspection services for residential and commercial projects as determined by the City. Company shall provide services for all trades including: building, electrical, mechanical, and plumbing and energy. The services to be provided are further described below. 4.02. Company agrees to perform services, as described below, in accordance with sound accepted inspection and 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 of Texas codes. 4.03. When engaged by the City to provide services, the Company shall: a. Conduct on-site inspections for compliance with minimal conformance to the City's Standard Operation Procedures (SOP) for the respective inspection's discipline. These SOPs include the verification of various zoning items as a component of inspection; b. Provide review of plans, plats, documents, designs, developments, reports, studies, surveys, data, etc. prepared by persons or entities other than the Company when hired for inspection services; C. Provide input, comments, and/or recommendations deemed appropriate by the Company to assist the City in city code compliance. 4.04. Company agrees to send at least one appropriate management or supervisory personnel to all meetings and/or training session with City staff as directed by the Building Official. Absence from one or more meeting and/or training session in a twelve-month period may result in termination of this Agreement. 4.05. If the Company is temporarily not certified in all trade areas, the Company shall not partner with other third party organizations in order to meet all five trade areas for plan review and/or inspections as required by this Agreement. The Company shall immediately notify the City to the deficiency. The Company shall not remain decertified in any particular trade area any longer than five (5) days. Immediately upon decertification the Company shall return any project referral(s) that has not been serviced to the City, at no cost to the City. The Company shall not perform, or allow persons or Entities under its control to perform any Service on any projects without the required City permits. If Company performs or, allows persons or entities under its control to perform Service without the required City permits, Company may be subject to termination of this Agreement. Further, the individual employee who knowingly performs such inspections shall be subject to appropriate sanctions up to and including suspension or termination of their certification to perform such inspections in the City. Professional Building Inspection Agreement 2 Metro Code L.L.C. 2014 4.06. The Company shall have the authority and obligation to issue turn-down notices ("red tags") and shall notify the City when stop-work orders are necessary to ensure compliance with all City Codes. The Company shall participate as requested by the City in the prosecution of Code violations as necessary by providing, documents, court testimony or other means without requiring compensation by the City. 4.07. The Company shall be required to document Services either in writing or electronically in a manner and at such time as directed by the Planning and Development Director or designee. Failure to timely report inspections will be considered a default of the terms of this Agreement and may result in termination of this Agreement. 4.08. All materials, information, documents, whether finished, unfinished, or draft, that are developed, prepared, completed or acquired by the Company during the performance of services shall be made available to the City within three (3) business days of a written request by the City and upon termination of the 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 Company shall also provide within three (3) business days of the City's request, any original notes, documentation or other records of services provided, including inspections and 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 default of this Agreement and may termination of this Agreement. Retention of all documents by the Company shall be on a schedule and of such quality as dictated by the City's Record Retention schedule, hereby incorporated by reference as if fully set forth in this Agreement. 4.09. The City shall notify the Company by 5:00 p.m. daily, excluding weekends and City Holidays, of the Service to be performed the following business day, including all referred inspections. The notification method shall be determined by the City. The frequency and severity of failed follow-up inspections will be taken into consideration by the City when taking corrective action up to and including termination. 4.10. The Company is responsible for validating that the permit includes all items that are under construction and notifying the licensed contractor and/or the client that inspections cannot resume until the discrepancy is resolved, including payment of fees by the appropriate party.. The Company is responsible for ensuring that the installed equipment is consistent with the approved plans and may be charged a revision or re-inspection fee if a discrepancy requires additional City staff time. Professional Building Inspection Agreement 3 Metro Code L.L.C. 2014 ARTICLE V. CITY REVIEW/ SITE VISITS 5.01. The City retains the authority to render all City Code interpretations including stop work orders and to require variances and/or appeals to be filed with the appropriate City board or commission. 5.02. The Company agrees and understands that City representatives may, at their discretion, make periodic site visits to review, inspect and duplicate any Services performed, including plan reviews or inspections performed by the Company in order to ensure quality control of performance. ARTICLE VI. QUALIFICATION OF PERSONNEL 6.01. A statement of qualifications submitted by the Company is attached as Exhibit "A." The statement is evidence of the minimum qualifications of the Company, its employees or contracted staff in the following categories: a. experience with municipal or State plan review and inspections; b. professional education and accreditation; C. certification from model code organizations; d. applicable trade licenses; e. experience or training related to the Fort Worth Zoning Ordinance; f. other applicable accreditation(s) as determined by the City. 6.02. The Company, its employees or contracted staff shall be qualified and have in effect all licenses necessary to perform the Services as described in Exhibit "A" and as required by the City Code and the State of Texas. 6.03. Upon execution of this Agreement and before the use of any newly hired inspector, the Company shall submit and maintain a list of all employees or contracted staff for the City's review and approval by the Director of Planning and Development or designee. The Director of Planning and Development or designee has the authority to accept alternative licenses, certifications or levels of experience for approval on a case-by-case basis for an employee. 6.04. The Company is expressly prohibited from using inspectors under this Agreement who are not approved by the City. 6.05. The control of the referred Services will lie solely with the Company, with the exception that all services are expected to be delivered within the agreed upon service delivery guidelines as described in Exhibit B. Inspections to occupied structures shall occur no later than 5:00 pm unless through a prearranged customer-initiated appointment. The Company shall set the hours of work of their inspectors and other employees and the number of hours needed to accomplish Professional Building Inspection Agreement 4 Metro Code L.L.C. 2014 the purposes of this Agreement; however, no inspections shall take place at any structure after 8:00 P.M. 6.06. All inspectors employed or contracted by the Company agree to forgo any contracting opportunities with the City. Individuals cannot work as both a contractor and an inspector in the City. Similarly, Company shall not inspect projects in accordance with this Agreement in which they have any interest or have performed any work for the property owner/developer. The employees or contractors of the Company shall not inspect projects on which the employees or contractors worked in either a design, consultative, or construction capacity. 6.07. All inspectors employed or contracted by the Company and the Company agree to forgo any solicitation of the property owner(s) to which the Company has been referred to by the City until the referral is determined to be complete by the City. ARTICLE VII. TERMINATION 7.01. The City or Company may terminate this Agreement at any time and for any reason by providing the other party with ten (10) calendar days' written notice of termination. 7.02. The City may terminate, suspend the Company or one or more of its individual employees or contracted staff 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 prior to the Expiration Date, the City shall pay Company for services actually rendered up to the effective date of termination and Company shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. The Company shall provide a list of all projects in progress by the Company at the time of termination. The Company shall provide a status of the project and evidence of approved or partially reviewed plans and documentation of all inspection results. All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Company, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. 7.04. 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 Company for any default under the Agreement. All the 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. Professional Building Inspection Agreement 5 Metro Code L.L.C. 2014 ARTICLE VIII. INDEMNIFICATION 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, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO COMPANY'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (I) COMPANY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF 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 COMPANY OR IN THE PERFORMANCE OF THIS A GREEMENT, EXCEPT THA T 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 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 IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS. Company shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This Section 8 shall survive the expiration or termination of this Agreement. ARTICLE IX. INSURANCE Company shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 9.01 Coverage and Limits a. Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate b. Automobile Liability Professional Building Inspection Agreement 6 Metro Code L.L.C. 2014 $1,000,000 Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by the Company, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned C. Worker's Compensation-Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease -per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee d. Professional Liability (Errors & Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit If coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following the completion of the service provided under the contractual agreement. The certificate of insurance shall state that the coverage is claims-made, and include the retroactive date. An annual certificate of insurance shall be submitted to the City to evidence coverage. 9.02 General Requirements. a. The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. b. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. C. A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Professional Building Inspection Agreement 7 Metro Code L.L.C. 2014 Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. d. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. e. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. f. Certificates of Insurance evidencing that the Company has obtained all required insurance shall be delivered to the City prior to Company proceeding with any work pursuant to this Agreement. ARTICLE X. CONFLICTS OF INTEREST 10.01. An "entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law. 10.02 Substantial Interest means: a. Owners or employees of the Company that 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 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 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 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 Company is employed by the entity; e. The 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 Company and submitted to the City no later than April 15th for the preceding calendar year; or Professional Building Inspection Agreement 8 Metro Code L.L.C. 2014 f. The Company has been paid additional compensation for noncompliant plan review or inspection results or agreed to provide noncompliant plan review or inspection in exchange for future business. 10.03. Company and its employees shall have no Substantial Interest, direct or indirect, in the ownership, contracting, or subcontracting, of projects on which they are retained to perform plan review and/or inspections. 10.04. The City, in its sole discretion, may suspend or terminate this Agreement for the failure to disclose potential conflicts of interest. 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 (i) hand-delivered to the other party, its agents, employees, servants or representatives, or (ii) 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. To the City: To the Company: City of Fort Worth Metro Code Analysis, L.L.C. Director of Planning and Development 6300 Ridglea Place, Suite 212 1000 Throckmorton Street Fort Worth, Texas 76116 Fort Worth, Texas 76102 ARTICLE XII. GENERAL PROVISIONS 12.01. Right to Audit. Company agrees that the City shall, until the expiration of three (3) years after the final payment under this agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of Company involving transactions relating to this Agreement at no additional cost to the City. Company agrees that the City shall have access during normal working hours to all necessary Company 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 Company reasonable advance notice of intended audits. Company 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 of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and Professional Building Inspection Agreement 9 Metro Code L.L.C.2014 appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. This Section 12.01 shall survive the expiration or termination of this Agreement 12.02. Independent Contractor. It is expressly understood and agreed that Company shall operate as an independent contractor as to all rights and privileges granted herein in and not as an officer, agent, servant, or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Company shall have the exclusive right to control the work designated to the 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, employees contractors, and subcontractors. Company acknowledges that the doctrine of respondeat superior shall not apply between the City, its officers, agents, servants, employees, contractors and subcontractors, and Company, its officers, agents, servants, contractors, subcontractors, or employees. Company further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Company. 12.03. Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of this governmental powers. 12.04. No Waiver. The failure of the City or Company to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City or Company's respective right to insist upon appropriate performance or to assert any right on any future occasion. 12.05. Non-Exclusive Agreement. It is understood and agreed that retention of the Company by the City to perform the services, and for the purposes stated in this Agreement, is not exclusive. 12.06. Assignment and Subcontracting Company shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Company under which the assignee agrees to be bound by the duties and obligations under this Agreement. The Company and assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Company referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Company under this Agreement as such duties and obligations may apply. The Company shall provide the City a fully executed copy of any such subcontract. 12.07. Amendments/Modifications/Extensions No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written Professional Building Inspection Agreement 10 Metro Code L.L.C. 2014 instrument, which is executed by an authorized representative and delivered on behalf of such party. 12.08. Force Maieure. The City and Company shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond the control of the parties, which shall include but not be limited to, compliance with any government law, ordinance or regulation, riot, insurrection, embargo, fire or explosion, the elements, act of God, epidemic, war, earthquake, flood, or the official act of any government. 12.09. ceverability. If any provision of this Agreement is held by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired. . 12. 10. Governing LawNenue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 12.11. Compliance with Laws, Ordinances, Rules and Regulations Company agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Company of any violation of such laws, ordinances, rules or regulations, Company shall immediately desist from and correct the violation. 12.12. Non-Discrimination Covenant. Company, in the execution, performance or attempted performance of this Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color or national origin, nor will Company permit its officers, agents, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Company hereby covenants and agrees that Company, its agents, employees and subcontractors have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by either Company, its agents, employees or subcontractors. 12.13. Headings Not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 12.14. Exhibits. All exhibits attached to this Agreement are incorporated and made a part of this Agreement for all purposes. Professional Building Inspection Agreement 1 1 Metro Code L.L.C. 2014 12.15. Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Company of such occurrence and this Agreement 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. 12.16. Entirety of Agreement. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by references, contains the entire understanding and agreement between the City and the Company, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void between the parties respecting the subject matter. 12.17. Signature Authority. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the Company. The other party is fully entitled to rely on this warranty and representation when entering into this Agreement. [SIGNATURE PAGE FOLLOWS] Professional Building Inspection Agreement 12 Metro Code L.L.C. 2014 CITY OF FORT WORTH METRO CODE ANALYSIS, L.L.C. a Texas limited liability company Fernando Costa B ohnat an Killebrew Assistant City Manager tle: President Date: /016 //4 Date: / - / 7- / y AT ST: A D roved as tojoxm and le aii : City Secr t Melinda Ramos F OR Assistant City Attorney s ° ° ° °o N RECORD RETARY TH, TX Professional Building Inspection Agreement 13 Metro Code L.L.C. 2014 EXHIBIT "A" STATEMENT OF QUALIFICATIONS This statement is evidence of the minimum qualifications of the Company, its employees or contracted staff. Commercial—Field Inspections qualifications: • Building Code — International Code Council (ICC) Building Official certification and Model Code Building Inspector certification (both required) • Electrical Code — Model Code Electrical Inspector certification with current Fort Worth Master Electrical License and State of Texas Master Electrical License (both required) • Mechanical Code—Model Code Mechanical Inspector certification • Plumbing Code — Model Code Plumbing Inspector certification with current State of Texas Plumbing Inspector License (both required) • Energy Code—Model Code Commercial Energy Inspector certification Residential (one- and two-family dwellings and their accessories) — Field Inspections qualifications: • Building Code — ICC Building Official certification Model or Model Code Building Inspector certification • Electrical Code — Model Code Electrical Inspector certification with current State Journeyman Electrical License or Fort Worth Journeyman Electrical License (both required) • Mechanical Code — Model Code Mechanical Inspector certification, current Fort Worth Mechanical License or State of Texas Class A or B License • Plumbing Code — Model Code Plumbing Inspector certification with current State of Texas Plumbing Inspector License (both required) • Energy Code — Model Code Residential Energy Plan Review/Field Inspector certification Notes: 1. All licenses and certifications must be kept up to date. 2. Field inspections must be performed by the specific qualified individual only and the individual's name will be on all inspection reports. 3. Reference to "Model Code" is certification from ICC (formerly International Association of Plumbing and Mechanical Officials (IAPMO) or International Association of Electrical Inspectors (IAEI). Professional Building Inspection Agreement 14 Metro Code L.L.C. 2014 EXHIBIT "B" SERVICE DELIEVERY GOALS Inspection Response Time Commercial 24 hours Residential 24 hours All days are business days from the date of project referral. Professional Building Inspection Agreement 15 Metro Code L.L.C.2014 EXHIBIT "C" PAYMENT SCHEDULE Metro Code Analysis, LLC will be expected to provide inspection services as needed, providing overflow assistance as a partner firm to the City. Inspections may be assigned after initial permit issuance or at any subsequent stage in the inspection process. Service is priced on a per service basis (by inspection category) as follows: PROPOSED COSTS Residential Inspections • New Construction, Additions, and Remodels may include one of the following inspections: • Stakeout-$50 • Plumbing Rough In - $50 • Sewer & Water-$50 • Slab - $50 • Piers - $50 • Framing/2nds (consisting of the following inspections) - $ 150 ■ Electrical Rough ■ Mechanical Rough ■ Plumbing Top Out ■ Gas Rough ■ Building Framing • Finals (consisting of the following inspections) - $ 150 ■ Mechanical Final ■ Electrical Final ■ Plumbing Final ■ Gas Final ■ Building Final • Swimming Pool (may include one of the following inspections) - $50 ■ Stake-Out ■ Belly Steel ■ Ditch ■ Deck ■ Gas Rough ■ Pool Heater Inspection ■ Gas Final ■ Electric Final ■ Building Final • Retaining Wall (may include one of the following inspections) - $50 ■ Stake-Out ■ Piers/Foundation Professional Building Inspection Agreement 16 Metro Code L.L.C.2014 ■ Final Accessory Building - $50 ■ Stakeout ■ Foundation ■ Final • Stand Alone Permits may be one of the following: ■ Ordinance Inspections - $50 ■ T-pole - $25 ■ T-power inspection - $50 ■ Water Heater inspection - $50 ■ Fence stakeout - $50 ■ Sewer repair final - $50 ■ Gas test final - $50 ■ Water Service repair final - $50 ■ Electrical Service repair/replacement - $50 Commercial Inspections • New Construction, Additions, and Remodels may include one of the following inspections: • Building Inspections ■ Stakeout - $50 ■ Partials - $75 per trade ■ Concrete (consisting of the following inspections) - $75 • Piers • Grade Beams • Slabs • Tilt Wall • Masonry (consisting of the following inspections) - $75 ■ Brick Tie ■ Brick Ledge ■ Fireplace • Framing (consisting of the following inspections) - $ 150 ■ Floors ■ Walls ■ Sheathing ■ Ceilings • Insulation (consisting of the following inspections) - $ 150 ■ Floors ■ Walls ■ Ceilings ■ Roofs Professional Building Inspection Agreement 17 Metro Code L.L.C. 2014 Mechanical Inspections Full (Includes all of the following mechanical inspections) - $300 o Individual Inspections: • Duct-$75 • Wall - $75 • Rough-$150 • Ceiling-$75 • Grease Duct-$150 Electrical Inspections Full (Includes all of the following electrical inspections) - $300 o Individual Inspections: • T-Pole - $50 • Slab - $75 • Underground - $75 • Wall-$150 • Partial Ceiling-$75 • Ceiling-$150 • Rough-$150 • Temporary Power-$150 Plumbing Inspections Full (Includes all of the following plumbing and gas inspections) - $450 • Individual Inspections: • Rough 1-$150 • Rough 2 (Top Out) - $ 150 • Sewer service - $50 • Water service - $50 • Gas Rough - $75 • Fence/Retaining Wall {may include one of the following inspections) - $50 • Stake Out • Piers • Footing • Walls • Swimming Pool (may include one of the following inspections)— $75 • Stake Out • Pool Belly Inspection • Ditch Inspection • Deck Inspection • Wrecking (inspections consisting of the following) — $75 • Stake Out • Roofs (inspections consisting of the following) - $75 • Stake Out Professional Building Inspection Agreement 18 Metro Code L.L.C. 2014 • Stand Alone Permits may be one of the following: • Mechanical • A/C condensers - $50 • Gas Furnaces - $50 • Air Handlers/ Fan Coil Units - $50 • Evaporator Coils - $50 • Hydronic Piping/Freon Lines - $50 • Drain Inspections - $50 • Duct Inspections - $50 • System Change Out - $50 • Toilet Exhaust - $50 • Package Unit - $50 • Vent Fan Duct System - $50 • Grease Hood System - $50 • Flue Inspection - $50 • Pre-Fab Fire Place - $50 • Insulation/Ducts - $50 • Fans - $50 • Electrical • Service Change-$100 • Light Poles - $50 • Equipment/Appliance - $50 • Plumbing • Sewer Service - $50 • Water Service - $50 • Gas Service - $50 • Water Heater-$50 • Grease Trap, Oil or Sand Interceptor - $100 Professional Building Inspection Agreement 19 Metro Code L.L.C. 20I4