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HomeMy WebLinkAboutContract 26555 CITY SECRETARY CONTRACT NO. ��� CITY OF FORT WORTH PLUMBING INSPECTION AGREEMENT This Agreement made this /'_ V`day of , 2001, between the City of Fort Worth (hereinafter referred to as the "City"f, and Richard O. Dunn, (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. END 171, ►�� ��. PROFESSIONAL RESPONSIBILITIES Plumbing Inspector agrees to perform said Services expeditiously, on request, in accordance with sound and generally accepted inspection principals and standards, to check for compliance with the applicable City of Fort Worth Code or Codes. When requested, the Plumbing Inspector shall conduct on-site plumbing inspections for compliance with regulation established by the City or State for plumbing installation. All documents which come into the possession of Plumbing Inspector are and shall remain the property of the City and shall be maintained as public records subject to determination by the City otherwise. CITY REVIEW Plumbing Inspector agrees and understands that City officials may, at their discretion, make periodic site visits to review, inspect and duplicate any inspections performed by the Plumbing Inspector in order to insure a quality control of performance. The city official shall maintain full interpretation authority of all affected codes as well as the authority to require corrections, including, but not limited to, notices and/or stop work orders. Plumbing Inspector understands that, upon completion of all building projects,the City official will perform a final inspection prior to the issuance of a certificate of occupancy. TERMINATION This Agreement may be terminated by either party for any reason by giving two (2) days written notice. The City reserves the right to suspend or stop services Hninudiately. AMENDMENTS TO AGREEMENT P M, R 2 0 �Jt���`�M, Y a. 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 automobile insurance coverage in an amount specified by standard policies and Qfficki HOW � C�uPD WidQI( procedures of the Risk Management Department of the City during the term of this contract. The City of Fort Worth shall be shown as an additional insured on said policies of insurance. FORCE MAJEURE The Plumbing Inspector shall not be responsible or liable for any loss, damage, or delay caused by force majeure which is beyond the control of the parties, which shall include riot, insurrection, embargo, fire or explosion, the elements, act of God, epidemic, war, earthquake, flood, or the official act of any government. ASSIGNMENT This Agreement shall not be assigned in whole or in part by the Plumbing Inspector. LEGAL CONSTRUCTION In case of any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. WARRANTIES Plumbing Inspector hereby warrants that: a. Plumbing Inspector has, currently in effect, all necessary licenses to perform the work, and Plumbing Inspector is qualified to perform the work as required by the City's Codes and the State of Texas; b. All assistants or sub plumbing inspectors employed by Plumbing Inspector shall be currently licensed plumbing inspectors; c. All work is to be performed in a professional and workmanlike manner; d. The Plumbing Inspector agrees to and represents that it will not in any fashion discriminate in the provision of Services against any person because of race, L P 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 Coutts located In Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. PARTIES BOUND +�•J l�Br C���L•Nil��Q�U S " 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. NT IAMNG 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: Richard O. Dunn 2301 N. Akard, Suite 111 Dallas, TX 75201 214 220-8788 Company: Winston Services, Inc. 2301 N. Akard, Suite 111 Dallas, TX 75201 Attention: Cherry] J Peterman 214 220-8788 ► f�0 GU��L� G'C C 00 RD �a L°ul`i'C'�Ullp ��o Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is placed in the United States Mail. Executed, in multiple counterparts, at Fort Worth, Texas, on the day and year first above written, and each signed counterpart shall be treated as an original for all purposes. ATTEST: CITY OF RT ORTH L Gloria Pearson, it_v Secretary a / -0/ Assistant City Manager Approved to form and legality PLUMBING INSPECTOR David Yett, City Attorney ��� Name: Assistan Ci Attorney Title: ��/ t .�NL err' Cr Contract Authorization Date EXHIBIT"A" ATTACHED TO AND MADE A PART OF AN INSPECTION AND CODE COMPLIANCE SERVICES AGREEMENT A.1. Plumbing Inspector: f LUA eJ D AAMW Name Lic. # Lv Z 22-c)(1, 43�itlz Address ,<�6 ,w, 7 -7.5/61 ,7� Z - 2-9 7 -7(�(4 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. 0FRINAU PROW cc rf�E(r )MPY City of Fort Worth, Texas A ar And CouncilCOMMUMeation DATE REFERENCE NUMBER LOG NAME PAGE 1/16/01 **G-13127 1 06PROGRAM 1 of 3 SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PROGRAM RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into agreements with independent contractors for third party plumbing inspectors to perform plumbing inspections within the City of Fort Worth; and 2. Adopt the attached ordinances which establish 10% as the amount retained for new construction building permits to cover the maximum amount payable for third party plumbing inspection services; and 3. Adopt the attached ordinances which establish 90% as the amount retained for ail plumbing work permits, other than new construction, to cover the maximum amount payable for third party plumbing inspection services; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund by $115,000. DISCUSSION: On March 2, 1999 (M&C G-12492), the City Council adopted ordinance amendments and directed staff to implement a program allowing third party plan review and inspection services for the Building, Electrical, Plumbing and Mechanical Codes. This program was necessary to address heavy demands in building construction inspections, problems with recruiting and retaining qualified City staff, and to better meet the special expertise or expedited schedules for various projects. At the time of implementation, the City was experiencing 30% of all inspection requests not being performed within 24 hours of the request, resulting in a decrease of productivity, construction delays and increased costs. The third party program allowed contractors and/or owners of projects to contract directly with plan review or inspection firms to provide services normally delivered by the Development Department. On May 25, 1999 (M&C G-12568), the City Council authorized a waiver of 90% of the calculated building, electrical, plumbing or mechanical fees for projects managed by a third party firm. The collection of 10% by the City was determined as the amount necessary to cover staff costs in quality control and record generation or management. On August 16, 2000, the Texas State Board of Plumbing Examiners (Board) inquired into Fort Worth's third party program to determine if the program was upholding the State Plumbing License Law and Board's rules. In particular, the Board had questions regarding the employment relationship between the City and the third party plumbing inspector and the method of payment for those services. Subsequent replies and communications with the Board resulted in the Board Administrator ruling that the Fort Worth third party plumbing inspection process was not meeting the requirements of the Plumbing License Law or the Board's rules. The matter was forwarded to the Board's Enforcement Committee for consideration on September 28, 2000. City of Fort Worth, Texas "agar And council c:oMmunication DATE REFERENCE NUMBER LOG NAME PAGE 1116101 **G-13127 1 06PROGRAM I 2 of 3 SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PROGRAM City staff attended the Enforcement Committee meeting in September 2000, and it was determined that a contractual agreement similar to those with other jurisdictions might address the Board's concerns of employment and compensation. A draft agreement between the City and individual plumbing inspectors was submitted to the Board on November 8, 2000,-:and discussed at their November 13, 2000 meeting. Following the hearing, the Board's attorney relayed to the City that minor changes to the agreement would make the contract acceptable to the Board. A revised agreement was submitted to the Board on December 8, 2000. The proposed agreement makes each third party plumbing inspector an independent contractor of the City and restructures the method of payment for those inspection services. The City will collect, at the time of permitting issuance, a percentage of the total building permit for the plumbing portion of a project. Upon completion of plumbing inspections by the third party inspector and invoicing of those services, the City will issue payment for the services rendered. On December 22, 2000, the Board Administrator communicated that the Board's Enforcement Committee, Board staff and the Board's attorney had reviewed the Plumbing Inspection Agreement submitted on December 8, 2000. . The Board's attorney advised the Board that under the revised agreement, 'the relationship between the Licensed Plumbing Inspectors and the City of Fort Worth, along' with the method for compensating the Licensed Plumbing Inspectors, does not violate the Plumbing License Law or Board rules. In order to begin implementation of the restructured third party plumbing inspection program, it is necessary to authorize the City Manager to enter into agreements with each third party plumbing inspector•as independent contractors. A copy of the proposed Plumbing Inspection Agreement is attached. Additionally, it is proposed to withhold 10% of all building permit fees for related plumbing inspection seryices for each new construction project. In the case of remodeling projects or jobs with only plumbing work, the City will collect the entire plumbing permit fee of which 90% will be returned as payment for inspection services. These collections will equal the maximum amount payable to the third party plumbing inspector for services rendered. It is estimated that for the remainder of the fiscal year, collection for the new construction projects would be $105,000, and collections for the plumbing permit only projects would be $10,000. Attached are the necessary ordinance amendments to facilitate this collection. In order to manage the collections, invoicing and issuance of payments for the third party plumbing inspection program, it is estimated that one additional authorized position and associated office supplies and equipment will be needed. The annual impact on the General Fund budget is estimated to be $43,000. The present implementation of this program will be handled as an overage and more clearly identified in the proposed FY2001-2002 General Fund budget once actual impact can be determined. City of Fort.Worth, Texas 4vagor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/16/01 **G-13127 06PROGRAM 3 of 3 SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PROGRAM Favorable consideration by the City Council for the third party plumbing inspection program and structure will authorize staff to implement the program on February 5, 2001. It should be noted that staff has been working with the Safety and Community Development Committee to change the structure and amounts of building permits., Changes of fees and the percent waiver for third party inspection services will be recommended in the near future. At that time, the attached ordinances will need to be amended appropriately. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available, as appropriated, in the General Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 CITY Originating Department Head: CITY COUNCfL Bob Riley 8901 (from) JAN 16 2001 Additional Information Contact: l7Gw� City Secretary of the Bob Riley 8901 City of Fort Worth,rem Adopted Ordinance No. l gi*10'S A60pted Ordinance i'joa /4/41 Adopted Ordinance Noti g7 Adopted Ordinance No. _ f Adopted Ordinance No.