HomeMy WebLinkAboutContract 29199 10/15/2003 16:29 9723965679
GRAHAM MARCUS, INC.
•
08/06/2M 11:20 8173358110 GRAIiAM MHkC;IR`� PAGE 01 r� Gl
CITY SECRETARY
CONTRACT NO
CITY OF FORT'WORTH
PLrUNEWNG INSPECTION AGREEMENT
This Agreement made this day of C� y , .2403,between the
City of Fort Worth (hereinafter referred to as the "City's sad
Ae�u:a , ow i S > (hereinafter ref" the
to as the "Plumbing
Inspector"�.
In consideration of the mutual promises contained in this Agreement, the parties
agree as follows:
lECITALS
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 s 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 servioes as set out in Exhhit"A".
AGREEWNT
The City and .Plumbing Inspector, for and in consideration of the mutua]
covenants herein,Be forth agree as follows:
It is agreed that the City retains the Plumbing Inspector to provide the Services as
set.out in Bxlu'bit "A", subject to the terms, conditions, and stipulations under this
Agreement.
C01VII'ENB�►.TION
For and in consi,deratioa of the Services rendered by the Plumbing Inspector,the
City shall pay and titer Plumbing Iuspaotor e)W1 raceive the fees set Sor& in Nachihii"A"
attached hmeto and ineorpm7ded herein by reference.Plumbing Inspector shall not acospt
arty compensation or anything of value fi- m any contractor or owner whose work is
being ins�by the Plumbing Inspector.'
PRU1P'FSS_�l�j�?.,1�'.�$PONSIS1LfT�$ .
Plumbing 2n4wWr agrees to perform said Service® o"oditiously, an request of
the city, in accordance with sound and generally accepted inspection principals and
suwda,*to vhoak fbr compliance with the applicable City of Fort Werth Code or Codes_
Wbsn requested by the City, the Plumbing Inspector shall (1) conduct on-site
ixwpect,'ons fbr Code compliance, and (2) provide review of plans, plats, documents.
designs,developments.reports, studies,s=vya, data, etc, prepared by persons or entities
other than the Plumbing Inspector and setbmimd to the Plumbing Inspector by the City,
Fl iAl"01H TEX.
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GRAHAM MARCUS, INC.
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$nd (3) provide input, comments, and/or redo M mdations and such response deevW
appropriate by the Plumbing Inspector to assist the city in Code compliance.
All documents which come into the posses ion of Plumbing Inspector are and
shall remain the property of the City, 9MU be maintained at the City Hall, 1004
Tfnockmor on Street, and ate public records, subject to detetmination by the City
otherwise.
Ph=bing Inspector agrees and understands that City officials may, at their
diecrotion, make periodic site visits to review, inspect and duplicate any inspee iom
perfortne d by the Plumbing Inspector in order to insure a quality control of paformance,
The city official shall maintain fdff interpretation amWic city of all affected codes as well as
the authority to require corrections,including,but not limited to,notices and/or stop work
order. Plumbing Inspector understands that, upon completion of all building projects,the
City oftial will peribrm a final inspection prior to the issuance of a certificate of
occupancy.
This Agreement may be tmmunatted by either party for any reason by VVWg two
(2) days' written notice. The City resew the right to suspend or stwp servk4a
unmediately.
N1'S TO AGREEMENT
Any amendment to this Agreement must be in.writing mmd signal by the
Plumbing Impactor and the City Manager of the City.
NQN E UT—i nm AGAZE—A 1rIEEN'Y'
It is understood and agreed that retention-of the Plumbing Inspector by the City to
perfa=the Service e, and for the purposes stated in this Agreement,is not exclusive.
ASSISTA
The Plumbing Inspector does not have the right to employ assistants or sub
plumbing Inapoctors to perfizm the Scrvicca without the advanoed written consent of the
City Development Director. All assistants or sub plumbing inspectors shall be currently
licensed plumbing bwpeAtors.
PLUMBING INSPECTOR ASSUMES THR ENTIRE RESPOMSDUL1W AND LUBILrff
FOR AW CLAIM pR ACrIUr4 mASrD ON Olt ARISINCS OUT OF IN.IU11. ZS. INC-1 Tr YNG DRATH,
TO PEWONiS OR DAMAGES TO OR DESTRIJCTIDIN OF PROPERTY,bUSTAINRD Wt ALLV=D
TO awva BmN susTmftn '[N C NRZCMON WITH OR TO RAYS AMZX OUT OF OA
2
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tzkAH+am �:ua PAGE 03
INCIDENTAL TO THE PERFORMANCE OF THIS CONTRACT BY PLUMBING INSPitC!'OR,
REGAIML99S OF NWMTSBR Stan CLAIMS oR ACTIONS ARE FOUNDED IN WHOLE OR IN
MT UPON ALLEGED NEGLIGENCE OF THE CITY OF FORT WORT'R,' ITS OFFICF
AGENTS OIL SWLOYEES, OR THE EMPLOXEBS, AGERA INv1TEES, OR LICENSERS
THEREOF. PLUMBING INSPECTOR FURTHER AGREES TO MZMNIFY AND HOLD
HAmmss THE CITY OF FORT WORTH, TrS OFFICERJ4 AGENTS AND FaWLO'YE88 IN
RSSPEGT TO ANY SUCH MATTERS AS SET OUT ABOVE AND AGREES To DICF$ND ANY
CLAIM OR SUIT OR ACTION AT PLUMBING INSPECTOR'S OWN HXPENSE WHEN gUI.I. 19
BROUGRY AGAINST THS CITY DF FORT WORTH,ITS OMCRR.C,AGENTS OR EMPLoy$ES,
AIWA EMPL 0YRUo AGENT'S,INV TTERS,AND LICENSERS THEREOF.
It is agreed between Plumbing Inspector and City of Fort 'Wort[ that
Plumbing Inspector will Secure and fizrnish City with a certificate.of gmwid liability and
automobile insuzaucc coverage in an mnount specified by stsndard policies and
procedures of the Risk Management Department of the City during the terns of this
oonu=L Said policy is to include eoveMe for negligent acts, errors, and omissions and
be maintained in force for five years from date of cerp$cation or certification rmcwal,
The City of Fort Worth shall be shown as an additional insured on said policies of
PURCE MAJEUl E
rI c,Plumbing Inspector shall not he responszlble or liable for any loss,damage,or
delay caused by farce majmo which is beyond the control of the parties, which shall
include riot, insurrection,ambargo,fire or explosion,the elem=ta,act of Clad,epidemic„
war, earthquake,flood,or the official act of any government.
LXG&L CONS MCTIUN
In case.of any one or more of the provirimts contained in this Agreement shall for
my reason be held to be invalid, illegal,or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not o►ffect any adw proVision and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had nevor bom
t uWned in it.
WAxi,RAh1WIES
Plumbing iasp=tor hcmby wwmta that_
Plumbing Inspector bas, atnreatly in effect, all necessary licenses to'pmfotm the woad,
and Plumbing Tnapector is qualified to perform the work as required by the City's Codes
and the$We of Texas;
a. All assistants or sub-plumbing itpectors employed by Phmibing Inspector,
shall be cmrrntly licensed plumbing luspoctors.
b. AU wwk is to be pm*a=ed in a professional and womanlike manner.
3
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a
Attrnficn: DCvekgmwmt Director
Telephone(817)871-5901
AA nod= and aommuniWm ender this Agremet tO be mailed or delivered
to tho Plumblag Inter aad if applicable, the crnpom don, asircKdasom,patwft or
any odw=n-Soverpmaatal entity khan employs said Ph mbing bqmtw shall be scot as
fbllows,unhwe and=61 the City is odunwiso noti$od:
Plumbing Inwpectos:
u1 Inc-.
a AA ilAn 0 k.AA ,.
•
Any no om and exxmmvnic ations required to be given in writiug by one p uty io
the odd oW be conUdaed as having bow given to the addressee on the date the notice
or coeanuuk atian is placed in the Uaitsd Stator Mail.
BEteauWca in mmItiple pountapa lfit at Fort Worth,Tama;on the day and yen•first
abon wry,sad cash sipel catmtagnut shall be trnatod as an aaiginal for all purposes.
QTY OF FORT WORTS
Gl —.leasson,my-Secretary Aaistemt City Manager
• Ammed ss to form and le S I zyi
Contract Authorization '
David Yett;O�Atoan�► . ' 1
gate
s��llen�ia� .
'AWstimt City A 092W PL 7G n"PEC'TOR
• KeviA....Day
�MARY
OCT-15-2003 WED 04:03PM ID: PAGE:3
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ATTACHED TO AND MADE A PART OF AN
INSPECTION AND CODE CONRLIANCE SERVICES AGREEMENT
Plumbing Inspector; ����J ►rlI 5
Name
Address
Phone
A,2 Scope of Services: Plumbing Inspection
A-3 Frequency: As Called/On R.equoSt
A»4 sation: Ten percent(10%)of the City Council established buildh*
permit fie. Payment as based on the oompkdon of the
struoU=and m=thly invoiaes submitted to the City for
each individual building permit.
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` 1Z.ISK MANAGMYMN!'REMMMENDA17ONS
roR
INSURANCE RSQUIRI3MBN'I'g
:8rsie requirements or limits of insurance eovtrage are listed below.• Limits of covtuago depend an several each=
incclu ft but not kited to rJslc azposure In regards to respective=71cea,prod=procured, or eoturaetaal t=rz,to mane
a few. Bhw4my Limits- of Workers' Colr4x=4an is $pplicable for all public prajecta. Coverage limits are Tj%C,-
towalmmftdon of Risk Mwagemont, There am w=ptiona and depwtmenia are nitimately respamaible far$veins acafteot
Iinzits. •
1. Commmrcial i3eneralLiabflity(CAZ)Imrruanon Policy •
$11000,000 awh oceurr=A
$2,D00,000• aggregate bmit
Covaege shall include but. not be limited to the fallow*: p ipes 'op independent contra tots,
productarcoMkted opemdoas, (include c tlasion/aollapselundargiouatl property if applicable), personal iqury, and
coact W liability, Insurance shall be provided on an oceu=enee basis, be u comprehensive es the ctw=t Iasmaac9
SerAm Office(ISO)policy. (Sudden pollution coverage may not be.excluded by endara mmt, Include as a requirement
of the line oc endome mmtt that you'do not want excluded. Determined by a revkw of the risk exposures)All eaclarsacl
vmhuicm are.subject:to rcvie•w of the City in order to'determine if the cxchraiams are acceptable. In the evmg tine
e:xdadaas are unacceptable and tine City desires the contractodengineer (fill in with ,appnMiste title) to obtain such
cunpg0.t8e Contractpdoe shall bo adjusted by ihs post of the prft*m for sacb a4ditinnal,coverage plus In%. '
2. .�+atambblk Liabt�ty Insurance Politzy . . .
$1,000,000 each accident on a=3bkwd xiagic Uu it basis
or
$250,000 Property DemagC '
$500,000 Bodily Injury per pmon per oocutrence
A enRaner W bnainosa policy droll provide coverage oar "Any Auto', defied as euUm ownad, bhvd aced =%.
owned.
3. Workers'Co tiom Insurance Policy
Statatoty hilts
Bmpkryart liability
$100,000 Boob aacidentloccurrence
$100,000 Disaaaa-per each employee
$500,000 Disease-policy limit
-This coverage may be wjdtten as follows: ,
• Wodccts'•C,rnupaeaatiDn and&upinyers,Liability Covetttge avith Iitaita connaiatmt will atatutexy baaa8te avtlmsd
is the Texas vAnkaa' Compensation Act (Art. 6308 — 1,01 at seq. Tex. Rev. Civ. Slat.) and 1"Wma n policy
Hn ib fee players'Lwaility of S 100,000 each accidont/oocua+enco,$500,000 boMy injury diaease policy limit
and 5100,000 per dice w nst FIDYed
Other Linea of Insurance
Other linos of.iats WA=CovCaaga,whicb may bc•eppHanble to a oaoatnrc; could include cme or rite of the hZWKWO
types Ustai below. The insuranoe typo is not an a4-*1=ivo lfet, E1L and Professional Uability]Emits arc 11=dowd
beemme tbey are$equeady required.
1. Bw4%vnmu=tLl Impabameont Liability(BIL) &/Or Pollution LWnlity
$2,000,000 to$5,000,000 per accrLul aoe
55,000,000 to S 10,000,000aggnatc .
• 1 ins.Req�riremente
,grased Amt 2002
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2. Prokmiotiai Liability
The minitmrm insurance requiranumt for this liar of coverage should be sufficient enough to coverage the completed
operations of the consttuction prgject. The Texas Statute of Repose, §§ 1608-9, of tile'Texan Civil prance sad
Remedies Code,requires a clai>uant to bring slut foi a dc&ctiva c r tulsafe condition of as fizprOvemmt to real property
or equipment attwJwd to real property, or.defieiersay in tbw Construction or repair of an impmvmWW to the--perk'
Whbin 10 years of sub5ft'V al CMPktinn. The statute applies to property darnage, bodily
eantn'bution,or indemnity. Y m1 Y, wrnngfltl loath,
Errors&Omissions.coverage is an integral part of the Proh aionel Liability policy. The coverage protects the innvw
against liability(fmtincial lass)should an error or an omispion occur in the performance of bds professional duties
.professional Liability limits should be consistent with other requirements. The mcoarunendrd mini>zfflm should be no
Ion dmn-1
51,000,000 per accurmace
$2,000,000 aggregate
paHcleaare to be written an an oc=rrenae basis or will provide a mininzim of a five(5)year tml coverage for policies
svdttaa or1 a olatma made baaia. Subcontractors polioica abould follow the ante minimum reguisam mots ne des=w
above.
3. Excess LYabil�t''y
4., Liquor IA"ity
' S, Garage Liability . - '
6. Cyarage4wperl Liability
•7. Builders'Ri*
8, LegseelTobant User of City Owned Facilities
9. Miacellamom Coverage and Flottedrsllt.fciers
BONDS
FidOty Bond-fbr b0ncltY eau.ibltlM performance of duties and for acts of dishonesty'
Surety Bond—Quaranteca the perfcunmncn of aaathar
Fm*rnume Bond—Gazmtdcea the weak to completion
"NZRAL p_MLMtBMETNS&for POLICY REQUIUMENTS
Thg City of Item,Worth, its'Officers, lanTloyces•and Vohmteers shall be teamed as an Additional Insm&
Bxacptlon...Bic additional irtam@d status does net apply to Wor3cera' C;orrg�saeatioa poliCiell
a Forty-five (43) days notice of dencellation or non-=Urg►aL It would be advantages to the City to require the
following c2sueer
"This iastua=shall not be canceled.limited i n scope or oaaverago,canceled cor>w&Prteaod,until oft
forty-five(45)days prior-V4*==U v has beau glyen to the City of Fort W'M&
• Wavier of rights of recovery(subrogation)in favor of 015 City of Fort Worib.
2 Ins.Bsgtmemrs.
Revised Augnet 2002
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08/aB/2003 11.20 8173358118 GRAHAM MARCUS wAtati 09
• The grouters for all polid a must.be lieemed/approved to do bumineam in the 5tatrr.of Tcxaa. Except fbr wodlrars'
compaasatign, alt inata'ere must have a minimum rating of A VII in am current A.M.But Key Rating GaW[c or
have reasonably equivalent flnaadal sttgogtb and solvency to the satisfaction of Risk Mampt;=t:
r If insurance policies are not written for specified coverage limits, en Umbrella or Excess
avy dffereaacas ie required. Bxems Liabftity shall fctlOw form of the primary coverage,
if coverage is underwritten on.a claims•rtrado basis,the retroactive date s>aall be coiucidomt wftb or prior to The dace
of the contractual agrrenuat and the otrti&ate of insurance alull atate that 64 covaago u claimsgzrado and the
retroactive date. The maum=e coverage shall be maintained for the duration of the coxtaaata.al ngmm=t and fbr
five (S)years following completion of the service provided under the contractual agreement or for ibe warranty
period,wm aever is longer. An annual cara0 ate of t mmmoo aftnitted to the City sbAU evidence much irt=mm
coverage.
Tim dzduatible or self+insured retention(MR)affecting required insurance coverage d mU be acceptable to'tbe Itiak
Manager of&a City of Fort Worth in regards to asaet value and stockitoldorW equity. ln.iicu of traditional
insurance,altmaative coverage maintained through insurance pools or risk retention groups must also be approved.
e Tbr City, at its sole discretion, reserves the right v review the insurance regaremoats and to make ieasonable
aeUgatmantm to i=mmcs coverngai and their limits when deemed necessary and prudent by the City basset n,4on.
cbnngos in statutory law,court docisioti or the claims history of the industry as well as of the contracting putty to
the City of port Worth. Tfi&City shrill he required to provide prior notice of ninety(days).
The City gmD be entitled, upon Yegnest.and wifhaut expeme, to receive copies of policies and arms nmments
thereto end may mate say reasonable requests for deletion or revision or modifications of particular POW.(farms,,
condido=6 liautationk or excisions eaeept Wbere policy providcros are estabbibed by law or regulations blndtng
Wm oittur of party or the underwriter on arty such poW08.
3 lea.Requkenmab
Ravised Angbst 2002
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And -•.r ,• YiiVt ltl
a
a
k
R�FERENCtM NUNISEl� 05 NAME-
•i/1. "G-93' 27 06PROGRAM PAGE•. - '.
sue.l ct•. AC3REEMEN79 -AND ORDINANCES. l;8TABL1SHING TFtIRD .PARTY PLUMBIf
INSPECTION PROGRAM 1
R1=00MMENDATION:
It is recommended that the City Council:; . • `
1. Authorize thv City Manager td enter into agreeMente%with Independent contractors for third part
plumbing Inspectors-to perform'piumbing inspections withid the.Crty of Fort Werth;and.
2. Adopt-the attached ordinances vhtloh establish 1096 as the amount raetained for new constructiol
building permits to cover the maximum amount payablo for third party plumbing Inspection serviou
and
3;. Adopt the attached ordinances which establish 90% as the amount refatned for all plumbing wort
permits, other than now construction, to covbr the 'maximum amount,payable fbr third pwt
Plumbing Inspection services; and
4. Adopt the atladhed appropriation ordinance Increasing estimated receipts and appropriation$ in th,
Goneral Fund by$116,000. • . . .
On March 2, 1998 (MSC G•-124923, the My Council•adopfed ordinano6 oinandmahts and.dh-cted stet
to implement a_program allowing third party.plan -review and lrllspectlon services for the Building
ElacMcel,.Plumbing and Mechanical•Codesw_This program was.necessary to address Heavy demands
In bulfding•construction Inspacftons; proiiame wl#h requiting;arid r•+etalnine quell le City ats�t#, and i(
better most the special eycpertise or expedited schedules for various projects. At the time'c
implementationb the City was wportencing.30% of all inspection requ>r'sts not being performedwlthin'b
hours,of the request, resulting in's decrease of produc%?Ity,•conktruction delays and Increased exists::,.
' The third 'party program alloilvad contractors and/or owners of prb]eots to contract'directly ,., rdth ptai
•reAsw or inspection firms'to provide services normally'dellveied by the Development Department••0i
May 25, '1999 (M&C.0-1?.588), the qty Council authorized a waiver of 0896 of'thv calculated bulid N
electrical, plumbing or mechanical fees for projects managed by a third party firm. The collection c
10% by the Ctty was,detarmined as the arnount necessary to cover staff costs In cjuai"ty'contrd any
•record gerieration'or nianadeitli6
On August 16, 2000,'the Texas Stato Board of Plumbing Examiners (Board) Inquired Into Fort Wdrth'
thirdk party progrWn..to dett�r iMb if tfiie pmgrarri was trpholdirig the ,State' Plumbing Licenss Law air
•Board's rules. In.perticulsi••, the Board held qoe' a lops.reepsrding'the ernploymnf'reletlarishlp'tietwee
the-City and the third party 0lumb1n9 'ln'30eotoe•aid the:m6thod•ofi payment-for these samlobt
Subsequent replies-and oommunlcatlons with the Board resulted in the Board Administrator ruling thr
the Fort Worth third party plumbing inspection process was riot meettrrg the requirements of'-th
Plumbing Ucense Lew or-the Board's rules. The matter was forwarded to the Board's Enforoemer
Committee for consideratlon on Soptembar 28, 2000.
10/15/2003 16:29 9723965679 GRAHAM MARCUS, INC.
0810812003 11:20 8173358110 GRAHAM MARCUS PAGE 10
'r PAGE I I
Y
and ,a
DATE REFS E NCE NU* EFt _
-131227 06PROGI"
•
SUBJECT AGREEMENTS AND ORDINANCES ESTABL1SHfNG THIRD PgF�7Y AL 3 of
INSPECTION PROGRAM • umew
t"avorable eonsideratian by the City Council -for the third party plumbing [nspedlorr '
structure s authorize staff to Implement the program on February S.2001. Pr'0g�efft em
It should be noted that staff has been worldng ►kith the Safety and Community development ComrrjitteE
to change the structure and amounts of•bundirig permits: ,Changes of fees and the percent waiver fo
third.party Inspection setvic*8 will be recommended In the near future. At that time• the alvar ec
ordinances wl0 n6ed tD be amended appropriately.
FISCAL . CRMATiONICERTIFICATION:
The Finance'Dirertor certifies that upon approval of the above recommendatlons, funds",wall be
available, as eppmprlated, in the General Fund.
MG:k
•
_. . • • � • .•_• r • ♦t • • • wM • r•• r_ •r ..• •«r rrr�rr a _+..ra.rw�rr• ♦w_r• ••�♦r♦•_• .••y..w.�.••r wW.«•.,,_/.
Subedited for C*Mmagges FUND ACc4T N'T CENTER AMOUNT CITY s=mAity
Mki arbomec ` 6140 —:.-APPROVED-.—
orl�lett�� eperrn, � r 1TY.COUNCIL-.
Bob Alley 5901 0104
...ice . . r..
Sob Riley 8901 of rod WGiV4 TW=
Adopted Ordinance No' I Adopted•Ordina s No„L" e .
City of Fort Worth, Texas
4vagor And Council COMI"U"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
1/16/01 **G-13127 1 06PROGRAM 1 of 3
SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING
INSPECTION PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into agreements with independent contractors for third party
plumbing inspectors to perform plumbing inspections within the City of Fort Worth; and
2. Adopt the attached ordinances which establish 10% as the amount retained for new construction
building permits to cover the maximum amount payable for third party plumbing inspection services;
and
3. Adopt the attached ordinances which establish 90% as the amount retained for all plumbing work
permits, other than new construction, to cover the maximum amount payable for third party
plumbing inspection services; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
General Fund by $115,000.
DISCUSSION:
On March 2, 1999 (M&C G-12492), the City Council adopted ordinance amendments and directed staff
to implement a program allowing third party plan review and inspection services for the Building,
Electrical, Plumbing and Mechanical Codes. This program was necessary to address heavy demands
in building construction inspections, problems with recruiting and retaining qualified City staff, and to
better meet the special expertise or expedited schedules for various projects. At the time of
implementation, the City was experiencing 30% of all inspection requests not being performed within 24
hours of the request, resulting in a decrease of productivity, construction delays and increased costs.
The third party program allowed contractors and/or owners of projects to contract directly with plan
review or inspection firms to provide services normally delivered by the Development Department. On
May 25, 1999 (M&C G-12568), the City Council authorized a waiver of 90% of the calculated building,
electrical, plumbing or mechanical fees for projects managed by a third party firm. The collection of
10% by the City was determined as the amount necessary to cover staff costs in quality control and
record generation or management.
On August 16, 2000, the Texas State Board of Plumbing Examiners (Board) inquired into Fort Worth's
third party program to determine if the program was upholding the State Plumbing License Law and
Board's rules. In particular, the Board had questions regarding the employment relationship between
the City and the third party plumbing inspector and the method of payment for those services.
Subsequent replies and communications with the Board resulted in the Board Administrator ruling that
the Fort Worth third party plumbing inspection process was not meeting the requirements of the
Plumbing License Law or the Board's rules. The matter was forwarded to the Board's Enforcement
Committee for consideration on September 28, 2000.
City of Fort Worth, Texas
qV01.4or And Council communication
DATE REFERENCE NUMBER LOG NAME E
PAG
1/16/01 **G-13127 06PROGRAM 2 of 3
SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING
INSPECTION PROGRAM
City staff attended the Enforcement Committee meeting in September 2000, and it was determined that
a contractual agreement similar to those with other jurisdictions might address the Board's concerns of
employment and compensation. A draft agreement between the City and individual plumbing
inspectors was submitted to the Board on November 8, 2000, and discussed at their November 13,
2000 meeting. Following the hearing, the Board's attorney relayed to the City that minor changes to the
agreement would make the contract acceptable to the Board. A revised agreement was submitted to
the Board on December 8, 2000.
The proposed agreement makes each third party plumbing inspector an independent contractor of the
City and restructures the method of payment for those inspection services. The City will collect, at the
time of permitting issuance, a percentage of the total building permit for the plumbing portion of a
project. Upon completion of plumbing inspections by the third party inspector and invoicing of those
services, the City will issue payment for the services rendered.
On December 22, 2000, the Board Administrator communicated that the Board's Enforcement
Committee, Board staff and the Board's attorney had reviewed the Plumbing Inspection Agreement
submitted on December 8, 2000. The Board's attorney advised the Board that under the revised
agreement, the relationship between the Licensed Plumbing Inspectors and the City of Fort Worth,
along with the method for compensating the Licensed Plumbing Inspectors, does not violate the
Plumbing License Law or Board rules.
In order to begin implementation of the restructured third party plumbing inspection program, it is
necessary to authorize the City Manager to enter into agreements with each third party plumbing
inspector as independent contractors. A copy of the proposed Plumbing Inspection Agreement is
attached.
Additionally, it is proposed to withhold 10% of all building permit fees for related plumbing inspection
services for each new construction project. In the case of remodeling projects or jobs with only
plumbing work, the City will collect the entire plumbing permit fee of which 90% will be returned as
payment for inspection services. These collections will equal the maximum amount payable to the third
party plumbing inspector for services rendered. It is estimated that for the remainder of the fiscal year,
collection for the new construction projects would be $105,000, and collections for the plumbing permit
only projects would be $10,000. Attached are the necessary ordinance amendments to facilitate this
collection.
In order to manage the collections, invoicing and issuance of payments for the third party plumbing
inspection program, it is estimated that one additional authorized position and associated office
supplies and equipment will be needed. The annual impact on the General Fund budget is estimated to
be $43,000. The present implementation of this program will be handled as an overage and more
clearly identified in the proposed FY2001-2002 General Fund budget once actual impact can be
determined.
City of Fort Worth, Texas
"agor And Council communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/16/01 **G-13127 1 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
Originating Department Head:
APPROVED 1-16-01
Bob Riley 8901 (from) ORDINANCE NO.14485
ORDINANCE NO. 14486
Additional Information Contact: ORDINANCE NO. 14487
ORDINANCE NO. 14488
Bob Riley 8901 ORDINANCE NO.14489