HomeMy WebLinkAboutContract 26515 CITY SECRETARY
CONTRACT NO. - o /3
CITY OF FORT WORTH
PLUMBING INSPECTION AGREEMENT
This Agreement made this I g qday of , 2001, between the
City of \\ Fort Worth (hereinafter referred to as the "City"), and
(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
(Z) days written notice. The City reserves the right to suspend or stop services
immediately.
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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
ofinsurance.
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-,
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c.
4
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.
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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:
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Company: 77-'
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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.
A T T EST: CI Y OF R RTH
lona Pearsoity Secretary 1-19-el Assistant City Manager
Approved to form and legality PLUMBIN INSPECTOR
David Yett, City Attorney
Name: � I�
Assist t C ty Attorney
Title: IM)PkG 1��
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,�ontract Authorization
Date
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EXHIBIT "A"
ATTACHED TO AND MADE A PART OF AN
INSPECTION AND CODE COMPLIANCE SERVICES AGREEMENT
A.I. Plumbing Inspector: peru J
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.
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JAN 09 2001 15:52 FR G—R INSURANCE 817 451 1838 TO 19727477669 P.01
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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
6464 Brentwood Stair Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 101 COMPANIES AFFORDING COVERAGE
Fort Worth, TX 76112-3282 COMPANY
A Trinity Universal Insurance Cos.
IRSUP ti OOWANY
Graham Marcus, Inc. 8 Evanston Insurance Com an
200 W. Coats Drive, Ste D COMPANY
Allen, TX 75013 C -
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THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWETHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUNDIM �DATETTEE A MONY) DATEE(IRO HM
O/M umrrs
GENERAL LIMUTY OENERALAGGFEEGATE s 2, 000, 000
A xoomms &GE•FERALu.,suTY GLA7062580 11/10/00 11/10/01 PRODUCTS•COMPfoPAGO $ 1 000,00
}, OLA" xoocuR I NAL a ADV InuuRY s 1, 000, 000
CWNERV A CONTPACTOR's PROT EACH OCCURRENCE 3 1, 000, 000
WE DAMAGE(Any cna ft) s 100, 000
MED EXP Ww one ) s 51000
AUTOMOBILE LIAMUTY
COMBINE13 SINGLE LIMIT i
ANY AUTO
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NON-OWNF.O AUTOS
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GARAW LIABILITY AUTO ONLY•E1 ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH AOGDENT s
AGGREGATE i
EXCM LUE3dIJ1Y EACH CCCURRENCE S
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B Professional E0806288 11/10/00 11/10/01 $1, 000,000/$2,500 Ded.
Liability
DaCAU lION OF OPERATION6A.00ATxM&%F:PcuzwE ciAL Rots
Certificate Holder is named as an Additional Insured as respects
General Liability.
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SHOULD ANY OF THE AX0VE IDIMMISM PO=E S 6E CANCELLEuy WORE TRE
EVMTM DATE THEREOF, TM OWING COMPANY WILL MWMVM TO NAM
City of Fort Worth 1Q_DAYS WWTM NOTIZE TO THE ClJIT MATT MOU*R NAA®TO THs U FI,
Attn: Sarah Fullenwider BUT FAIWRE TO MAIL SUCH NOTKM WAIT INMOSE NO OEILIOATION OR WSSU IY
1000 Throckmorton OF AIEY POND UPON THE COMPARRYi ITS OR REPMENTAT1VIM
Fort Worth, TX 76102IWIMMKINKIMMM W. M.M.wall
AUTHORf2EDREPRWENTA
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1 1/10/01 07:54 Enterprise Rent-A-Car Heaman, Christine D-)-Mr. Bill Graham 2/2
OERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE 13 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(MWDD/YYYY) 011 Q INSURERS:
PRODUCER Marsh USA Inc, A: USFBG
or BROKER: 800 Market Street Suite 2600
St.LOUIS,MO 63101I
Phone:(314)512-2415
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INSURED:
Graham Marcus. Inc& D.,
Enterprise Rent-A-Car Company et al
600 Corporate Park 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 INRLJRANCE AFFORDED BY TFIH POLICIES LISTED BELOW IS
SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGRATE LIMITS SHOWN MAY HAVE BEEN REDUCED
BY PAID CLAIMS.
COVERAGES:
INSURER TYPEOF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS
LETTER
C%FNFRAI 1 IARII ITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE
OCCURENCE
WOMOBILE LIABILITY Combined single Umit: $1.000.000
ANY AUTO DRE 1535599 911100 9/1001 Bodily InW per Person:
ALL OWNED AUTOS
A SCHEDULED AUTOS 27909 Bodiy InAy per Ace.
HIRED AUTOS
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--$cc Bak-
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
UMBRELLA
OTHER Than UMBRELLA Form
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
DESCRIPTION:
Cerltleate holder and C♦y of Fort Worth aro eddlt oral iratreds as their Irdenest may appear.'"Ary
vehicle leased from Enterprise Fleet services where the contract Includes Instrance coverage.
VENDOR ID: 11324 GPBR: rAAA At rr4InR17Fn REPRESENTATIVE:
HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE 133UING IN3URER VNLL E14DEAVOR TO MA 30 DAYS WRITTEN
City of Fort worth NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SC
1000 Throckmortin SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS
Fortworth,TX 76102 AGENTS OR REPRESENTATIVES.
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City of Fort Worth, Texas
a a�. andcoundlcommunitation
" 11
DATE REFERENCE NUMBER LOG NAMEPAGE
1116101 "GA3127T 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 necessaryto 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 necessaryto 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
nd_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 Foil.Worth, Texas
Imayair And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/16/01 **G-13127 06PROGRA14 3 of 3
SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING
INSPECTION PROGRAM
Favorable consideration by the City Council for the third party plumbing inspection program. and
structure will authorize staff to implement the program on February 5, 2001.
It should be noted that staff has been working with the Safety and Community Development Committee
to change the structure and amounts of building permits.. Changes of fees and the percent waiver for
third party inspection services will be recommended in the near future. At that time, the attached
ordinances will need to be amended appropriately.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available, as appropriated, in the General Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
-
Mike Groomer 6140 APPROVEDCITY COUNCIL
Originating Department Head:
Bob Riley 8901 (from) JAN 16 2ggl
Additional Information Contact:
Ctty Secretary of the
Bob Riley 8901 City of Fort Worth,T..
Adopted Ordinance No. N 8"S Adopted Ordinance Uo,Z-5WKV
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