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HomeMy WebLinkAboutContract 48880� : �� � '� � ;'� ° ' �-€"t. � �`�� �� RECEIVED € �AR 1 7 't017 �ITY OF FORT WORiF[ ' CITYSECRETARY �ITI� �CRETqR}� CON'1'R�1�T N0. CITY OF FORT WORTH THIRD PARTY COMPANY AGREEMENT THIS AGREEMENT made this 27 day of February, 2017, between the CITY OF FORT WORTH, a home rule inunicipal coiporation of the State of Teaas located within Tari�ant, Denton, and Wise Counties, Texas (hereinafter refei7•ed to as the "City"), and the approved thii•d-party company, Ross Inspection Services (hereinafter referi•ed to as the "Third Party Company"). WHEREAS, the City of Fort Worth is a home rule municipal corporation of the State of Texas, located with Tai7�ant, Denton and Wise Counties, Texas; and WHEREAS, the City of Fort Woi•th iinplemented a program effective March 3, 1999, to accept certified third party organizations to perform plan review and inspection services for construction projects to ensure timely services to permit applicants; and WHEREAS, with the adoption of a State Energy Code, the program was expanded to require Energy Code certifications as a mandatoiy qualification; and, WHEREAS, in 2005, the program expanded to permit limited zoning compliance review. The following inforination describes the policies and procedures applicable to this progr•am; and, WHEREAS, the City desires to allow private Third Party Companies to perform plan review and inspection services for the public; and WHEREAS, the Third Party Company agrees to perform the sei•vices as contained in this Agreement. NOW THEREFORE, in consideratioii of the mutual covenants contained in this Agreement, the pai•ties agree as follows: ARTICLE I. SERVICES PROVIDED § 1.01. The City certifies the Third Party Company to provide the Seivices as set out in Article IV subject to the terms, conditions, and stipulations under this Agreement. § 1.02. Third Party Company shall provide plans e�am and/or inspection services as contracted between the custoiner and the Third Party Company. When the Third Party Company provides the plan review and/or iield inspections for a project, services for all five trades must be provided iucluding: building, electrical, mechanical, plumbing and energy. § 1.03. A Third Party Company that is separately trained and endorsed by the City may provide zoning coinpliance review in addition to providing plans exams or inspections. Third Party Company Agreement Revised 9.08.09 t��FICIAL RECOR�-� CITY SECRETAR'�' FT. WORTH, TX § 1.04. If a Thir•d Party Company is temporarily not certified in all trade areas, the company may partner with othe2• third party organizations in order to covei• all five trade areas for plan review and/or inspections, provided the Third Party Company obtains prior written City approval. Approval shall be at the discretion of the Building Official. The City will consider the firm certified in building code to be the primary contact. § 1.05. The Third Party Company shall not accept a project that is already permitted and receiving plan review or inspections through the City o1• another Third Party Company without the express permission of the Building Official. ARTICL� II. COMPENSATION § 2.01. Compensation for Services rendered by the Third Party Company shall be between the agent representing the property and the Third Party Company. § 2.02. The City shall not control or• arbitrate the fees charged by the Third Party Company to the agent or other•s repr•esenting the property. § 2.03. The City is not responsible foi• compensating third party organizations except as required by State Plumbing Licensing law and under the provisions established by the Pianning and Development Department. ARTICLE III. F�ES § 3.01. The Applicant, as defined in Section 4.01, shall be subject to a modified permit fee schedule. Fees shall be based on the defined percentage of the fee scheduled adopted by ordinance by the City Council as foilows: Third-Party Plan Review and Inspection Third-Party Plan Review/City Inspection City Plan Review/Third Party Inspection § 3.02. Any amendments by City Oi�dinance to the fee tables and amounts collected for permits shall be considered an amendment to this contract. § 3.03. Except for stakeout inspections, r•ed-tags issued by the City in excess of one event during each required inspection on projects will be charged a re-inspection fee which must be paid by the Applicant prior to the issuance of a Certiiicate of Occupancy. No Certificate of Occupancy will be issued by the City until the re-inspection fee is paid in full. § 3.04. A re-inspection fee will be charged on the first stalceout inspection when the site is not prepared, the address is not posted or plans are not on-site. Third Party Company Agreement Revised 9.08.09 2 ARTICLE IV. PERMITTING/PROFESSIONAL RESPONSIBILITIES § 4.01. The Third Party Company shall be the "Applicant" on all jobs except that licensed trade contractors shall be the "Applicant" for their trade permits. § 4.02. Third Party Company agrees to perform said Seivices in accordance with sound accepted inspection and plan review principals and standal•ds in a professional and worlcmanlike manner and to verify compliance with the applicable City of Fort Worth Code or any state codes. § 4.03. When hired by an agent for the property to provide said Seivices, the Third Party Company shall: (1) Conduct on-site inspections for code compliance when hired for inspection services; (2) Provide review of plans, plats, docuinents, designs, developments, reports, studies, surveys, data, etc. prepared by persons or entities other than the Third Party Company and submitted to the Third Party Company by an agent for the property when hired for plan review services; (3) Provide input, comments, and/or recommendations deemed appi•opriate by the Third Party Company to assist the City in code and ordinance compliance. § 4.04. Third Party Company agrees to send at least one appropriate management or supervisory personnel to all meetings and/or training with City staff as directed by the Building Ofiicial. Absence fi•om more than one meeting and/or h•aining in a twelve-month period inay result in appropriate sanctions up to and including termination of this agreement at the option of the City. § 4.05. The Third Party Company shall not perform, or allow persons or entities under its control to perfoz-m any inspections on any pr•ojects without the required City permits. The Third Party Company shall not perform, or allow person or entities under its control to perform, any inspections with the exception of inspections of T-poles and site utilities on commercial projects inchiding model homes prior to an approved City stalceout inspection. Stakeout inspections by the City will not be required on residential pr•ojects. However, Third Party Companies may cail for such inspections and ai•e specifically encouraged to schedule such inspections for in-fill housing structtues in older neighborhoods. Any Third Party Company that performs or, allows persons or entities under its control to perform, inspections without the required City permits will be subject to appropriate sanctions up to and including 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 and reported to the appropriate State Board. § 4.06. The Third Party Company shall have the authority and obligation to issue turn-down notices ("i•ed tags") and the obligation to notify the City when stop-worlc orders are necessary to ensure coinpliance with all City codes. The Third Party Company shall participate as requested Third Party Company Agreement Revised 9.08.09 3 by the City in the prosecution of code violatois as necessaiy through court testimony or other means without compensation by the City. § 4.07. The Third Party Company shall be required to document inspections either in vv�iting or electronically in a manner and time as directed by the City. Failure to timely report inspections will be considered a breach of the terms of this Agreement and an attempt to circumvent the City quality control program and shall result in appropriate sanctions, up to and including termination. Ali materials, information, documents, whether finished, unfinished, or draft, that are developed, prepared, completed or acquired by the third party organization during the performance of services shall be made available to the City within tlu•ee business days of a written or verbal request by the City and upon termination of the contracted services. Such matei•ials shall include, but not be limited to, calculations, data, studies, surveys, reports, correspondence, memoranda, maps, models, photographs, drawings, and audio or video recordings. The Third Party Company shall also provide within tluee business days of the City's request, any original notes, documentation or other records of inspections and plans reviewed and/or provide written statements as appropi•iate for the City to respond to public information requests or complaints. Failure to provide the requested documentation will be considered a breach of the terms of this Agreement and may result in appropriate sanctions, up to and including termination of this Agreement at the disci�etion of the City. Retention of all documents by the Third Party Company shall be on a schedule and of such quality as dictated by the City. § 4.08. A final commercial inspection by the City is required pi•ior to the issuance of a Certificate of Occupancy. In order to receive same-day service from the City for final commercial inspections, the Third Party Company shall be required to notify the City by 6:30 a.m. daily of all scheduled inspections. The notification method shall be dictated by the City. Third-Party Companies will be allowed to request additional iinal commercial inspections throughout the day in order to serve their customers. The City will malce reasonable attempts to provide same-day service for those inspections submitted after 6:30 a.m. and reserves the right to charge after-hours inspection fees as appropriate. § 4.09 The Third Party Company shall notify the City by 6:30 a.m. daily of all scheduled inspections. The notification method shall be dictated by the City for the puipose of allowing the City to conduct quality control inspections. Third-Party Companies may add inspections to their schedule after the 6:30 a.m. cut-off in order to serve their customers as long as they maintain a satisfactory accuracy rate in the overali quality control program. Should the follow up inspections fail regulariy due to material, substantive non compliance with the code or should the Thu•d Pai�ty Company consistently fail to notify the City of a majority of the inspections on a timely basis, the City may require conective action to ensure that adequate follow-up inspections may be performed. The fi�equency and severity of failed follow up inspections will be talcen into consideration by the City when taking corrective action. § 4.10. The Third Party 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 Third Party Company Agreement Revised 9.08.09 4 cannot resurne until the discrepancy is resolved, including payment of fees by the appropriate party prior to the issuance of a certificate of occupancy or a final inspection. The Third Party 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. § 4.11. The Third Party Company shail be solely responsible for monitoring their permits for expi�ation. EXtensions must be requested prior to the expuation in order to allow fee waivers as outlined in the City Code. The City will facilitate this process tluough a computer interface that allows automatic extensions when additional inspections occur. However, the Ciry makes no guarantees and it is the Third Party Company's responsibility to validate the request for an extension as necessary through the City's pei•mitting system. § 4.12. The Third Party Company shall not pull permits for projects that have not been confirmed by an agent for the property. Complete replacement of permitted floor plans or site plans with alternate plans will not be allowed and without new permits and new fees. Determination of what constitutes complete replacement will be at the discretion of the City. No prior fees shall be r•efunded. ARTICLE V. CITY REVIEW/ SITE VISITS § 5.01. The City of Fort Wot-th retains the authority to render all code inteipretations including stop work orders and to require variances and/or appeals to be filed with the appropriate City board. § 5.02. The Third Party Company agrees and understands that City officials may, at their discretion, malce periodic site visits to review, inspect and duplicate any plan reviews or inspections performed by the Third Pai-ty Company in order to insure a quality control of perfoi7nance. The City retains the right, through its Building Official, to periodically order work to be opened up or exposed for inspection puiposes to ensure coinpliance with codes. The City will weigh the cost of rework against the need to inspect before such order is issued; however, the City of Fort Worth will not be responsible for the cost of any reworlc. In the event the City determines that a third party organization is not performing in a manner to ensui•e compliance with all applicable codes, the City may require complete plan review or inspections by City staff. §5.03 In the event that a Third Party Company accepts a project that started either without permits or with a separate Third Party Company, the Building Official shall be notified in advance to certify the status of the job. § 5.04. After a Third Par-ty Company completes and passes all final inspections, the City will perform a final inspection prior to the issuance of a Certificate of Occupancy for all commercial building projects. Approvals of final inspections on any incomplete job by a Third Party Company will be considered a violation of the terms of this Agreement and will result in appropriate discipline up to and including tei•mination of this Agi�eement. Third Party Company Agreement Revised 9.08.09 5 ARTICLE VI. QUALIFICATIONS § 6.01. A statement of qualifications submitted by the Third Party Company is attached as Exhibit "A." The statement is evidence of the minimum qualifications of the Third Party Company and its employees in the following categories: • experience with municipal or State plan review and inspections; • professional education and accreditation; • certification from model code organizations; • appiicable trade licenses; • experience or training related to the Fort Worth Zoning Ordinance; • othei• applicable accreditation(s). § 6.02. The Third Party Company and all of its einployed or conti•acted staff have cur7ently in effect all necessary licenses to perform the worlc and are qitalified to perform the worlc as required by the City's codes and the State of Texas. § 6.03. The Third Party Company is expressly pr•ohibited from using plans examiners or inspectors under this Agreement who are not on the City's approved list. § 6.04. Upon execution of this Agreement and before the use of any newly hired plans examiner� or inspector, the Third Pax-ty Company shall submit and maintain a list of all employed or contracted staff for the City's review and approval, such approval may be granted by the Director of Planning and Development or designee. Said list shall be attached and incoiporated into this Agreement as E�ibit "B" and each z•evision to Exhibit "B" by the Third Paz-ry Company shall be incoiporated into the Agreement and shall supersede the previous list. The Building Official has the authority to accept alternative licenses, certifications or levels of experience for approval on a case-by-case basis either for a Third Party Company or its employees. § 6.05. The control of the worlc will lie solely with the Third Party Company. The Third Party Company shall set the hours of work of their plans examiners, inspectors and other employees and the number• of hours needed to accomplish the purposes of this Agreement. § 6.06. All inspectors employed by the Third Party Company agree to forgo any contractor opportunities in the City. Individuals cannot worlc as both a contractor and an inspector in the City. Similarly, Third Party Company shall not inspect projects in which they have any interest or have performed any work. The employees of the Third Party Company shall not inspect projects for• which their staff did consti•uction worlc, architectural design, engineering design, etc. except as approved under the City's residential foundation program. Third Party Company Agreement Revised 9.08.09 6 ARTICL� VII. TERMINATION § 7.01. This Agreement may be terminated by either party for any reason by giving two (2) days written notice. § 7.02. In lieu of termination, the City may, in its sole discretion, suspend the Third Party Company or one oz• more of its individual employees for poor performance, one or more violations of professional responsibilities, failure to achieve accuracy rates as detei•mined by the City, one or more violations of the public's trust, public safety or accepted ethical standards, or for any other reason the City deems appropriate. § 7.03. In the event that this Agreement is terminated, the Third Party Company is responsible for providing a list of all projects in progress by the Third Party Company at the time of terinination. The Third Party Cornpany shall provide a status of the project and evidence of approved or partially reviewed plans and documentation of all inspection results. In the event that these records are not available, the City assumes no liability asserted by the pr•operty or project agent due to necessary re-inspections, removal of coinpleted worlc to allow inspection or ensure compliance with City codes, lost productivity, or any other costs associated with City assumption of the project. § 7.04. Tez-mination of this Agreement as provided in this article will not relieve the Third Party Company from paying any sum or sums due and payable to City under the Agreement at the time of termination or any claim for damages then or previously accruing against the Third Party Company under this Agreement. Termination by either party will not prevent City from enforcing the payment of any such sum or sums ol• claim for damages by any remedy provided for by law, or from recovering damages from the Third Party Company for any default under the Agreement. All City's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other reinedy or relief provided by law, whether or not stated in this Agreement, inclusive of withholding future inspections and ce2•tificates of occupancy. ARTICLE VIII. INDEMNIFICATION § S.O1. 'I'HIRD PARTY COMPANY AGREES TO D�FEND, INDEMNIFY AND ROLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND �MPLOYEES� HARMLESS AGAINST ANY AND ALL CLAIMS� LAWSUITS, ACTIONS� COSTS AND EYPENSES OF ANY I{IND, INCLUDING� BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROP'ITS� AND/OR PERSONAL INJURY, INCLUDING DEATH� THAT MAY RELATE TO� AR1SE OUT OF OR BE OCCASIONED BY (I� THIRD PARTY COMPANY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II� ANY NEGLIG�NT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF THIRD PARTY COMPANY , ITS OFFICERS� AGENTS, ASSOCIATES� EMPLOYEES, CONTRACTORS (OTH�R THAN THE CITY� OR SUBCONTRACTORS� RELATED TO THE SERVICES PROVIDED AS OUTLINED IN THE AGREEMENT BETWEEN THE CITY AND THIRD PARTY COMPANY OR THE PERFORMANCE OF THIS AGREEMENT; �XCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY Third Party Company Agreement Revised 9.08.09 7 LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFrICERS, AGENTS� EMPLOYE�S OR SEPARAT� CONTRACTORS� AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THIRD PARTY COMPANY AND CITY, RESPONSIBILITY, IF ANY� SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL SE CONSTRUED AS A WAIVER OI' THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVID�D BY THE LAWS OF TEXAS. § 8.02. For any comrnei•cial project with a vahiation exceeding $250,000, a"Project Application for Use of Third Party Organization" must be executed by the project owner [defined as a tenant, owner or contractor] prior to issuance of a building permit. For projects with a valuation less than $250,000, a separate form is not required. However, a document signed by the person or corporation employing the third party organization with the following language must be maintained in the iiles of the Third Party Company: "I have read and understand the City of Fort Worth's Third Pat•ty Organization's Policies and Procedures and the code provisions relating to third party plan review and inspections. The undersigned hereby indemnifies, holds hai•mless and defends the City of Fort Worth, its ofiicers, and employees, from and against any and all damages to properly oi• injuries to, or death of, any per•son(s), including without limitation property and employees of the City, and against any and all liabilities, suits, actions, proceedings, or judgments, resulting from the acts or omissions of the undersigned or of the undersigned's employees or subcontractors, including without limitation the acts of the third party organization retained to perform plan i•eview and/or inspections." Tenant, owner, oi• contractor Date C Print Name: ARTICLE IX. INSURANCE § 9.01. The Third Pa�•ty Company will secure insurance in amounts no less than those indicated hei•ein, and furnish City with a certificate of insurance to evidence the policies before any work shall begin. The Third Party Company shall be solely i•esponsible for submitting renewal information in a timely manner. Permits shall be denied to any Thiz•d Party Company that has any expired insurance listed below and fails to document renewal with the City. City shall have no responsibility for any costs associated with the required instu�ance. GENERAL LIABILITY$1,000,000 per occurrence /$2,000,000 aggregate AUTOMOBILE LIABILITY $1,000,000 combined single limit, or Split limits of: $250,000 bodily injury per person / $500,000 bodily injury per accident / $100,000 property damage Third Party Company Agreement Revised 9.08.09 8 PROFESSIONAL LIABILITY (En�ois and Omissioils) If purchased as an excess policy, the cez-tificaie must state the inclusion of Professional Liability $500,000 per occur7ence and annual aggregate in force for five years froin date of certification WORKERS COMPENSATION Statutory benefits for Woricei�s Compensation Employers Liability limits: $100,000 each accident / occlu7•ence $100,000 Disease, each empioyee $500,000 Disease, policy limit § 9.02. The City of Fort Worth shall be shown as an additional insured on generai liability and automobile policies. All policies shall provide a Waiver of Subrogation on behalf of the City of Fort Worth. § 9.03. Insurers of required insurance policies shall be acceptable to the City of Fort Worth in terins of financial solvency and sh•ength and have a cui7ent A.M. Best Key Rating Guide rating of A:VII or be reasonably equivalent thereto. Insurers shall be licensed by the Texas Depar-tment of Insurance (TDI) to do business in the state of Texas or be otherwise authorized as eligibie to do business in the state of Texas. Alternative retention groups or rislc pools may be acceptable to the City of Fort Worth pending qualifications by TDI and require advance approval by the City of Fort Worth. § 9.04. Third Party Company representatives are not employees or subcontractors of City: Third Party Company acicnowledges that he or she, if an individual, or it, if an entity, will contract directly with the agent for the property for performance of plan review and/or inspection services, on terms appz•oved by the pai•ties. The undersigned and the officers, agents, einployees, and subcont2•actors of Third Party Company shall not be deemed ofiicers, agents, employees or subcontractors of the City of Fort Wor-th. The City of Fort Woi-th shall have no liability to Third Party Company or to any person retained by the undersigned, including but not limited to liability for payment for services. § 9.05. The Third Party Company agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages as a result of performing services under this Agreement. The Third Party Company agrees to make its ofiicers, agents, and employees available to the City, at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the City may be responsible hereunder. § 9.06. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by City or The Third Party Company as to any claiin of any third party. § 9.07. Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any pei•son not a party to this Agreement, or to create any rights for the benefit of any peison not a party to this Agreement not otherwise e�isting at law. Third Party Company Agreement Revised 9.08.09 9 ARTICLE X. CONFLICTS OF INTEREST § 10.01. Third Party Company shall have no substantial interest, direct or indirect, in projects on which they are retained to perform plan review or inspections, or in the owners, contractors or subcontractors of such projects. This shall include, but is not limited to, projects in which the Third Party Company or its assigned employees, has a substantial interest, participated in the design, preparation of plans, or construction. and projects involving owners, contractors or subcontractors in which the person has a substantial interest. § 10.02. "Substantial interest" means: a. Owners or employees of the Third Party Company have any voting shares of the entity, or has other business or financial interest in the entity, provided that the direct or indirect ownership by Owners of employees by the Third Party Company as an inactive investor of not mor�e than five percent of the outstanding voting securities of an entity listed for trading on a national stock exchange or quoted on any nationally recognized automated quotation system shall not be deemed a violation of the provisions of this Agreement b. Employees of Third Party Colnpany received more than 10% of his or her gross income for the pr•evious year from the entity, except for income derived for seivices as a third party organization; c. Owners or employees of the Third Party Company serve as an elected officer or a member of the board of directors or governing board of the entity; d. The owner or any employee of the Third Party Company is employed by the entity; e. The Third Pai-ty Company r•eceived more than 50% of its gross income foz• the previous year from the entity as determined by an outside, independent, third party agency agreed to by the City and the Third Pai•ty Company and submitted to the City no later than April 15t�' for the preceding calendar year; or f. The Third Party Company has been paid additional compensation for noncompliant plan review or inspection results or agreed to provide noncompliant plan review o2• inspection in exchange for future business. § 10.03. An "entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, oz• any other entity recognized by law. § 10.04. In the event of the loss of a major client or during the start-up period for a new Third Party Company, the City may temporarily waive the limitation on percentage of gross income from a single source. However, the Third Party Company shall advise the Building Official in writing of the temporary potential conflict and the timeline to remedy such potential conflict. Third Party Company Agreement Revised 9.08.09 10 This notice shall be provided as soon as the Third Party Company should reasonably be aware of the i�nbalance. The City lnay require an additional 10% quality control inspections for a fee equivalent to the fee for after-hours inspections. § 10.05. Failure to disclose potential conflicts of interest to the City may result in suspension or tez�mination of this agreement. ARTIC'LE XI. NOTICES § 11.01. Any notice, demand, request or other communication hereunder given or made by either party to the other shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, postage pi•epaid, certified or registered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such other address as they may hereafter specify by written notice so given. a. If to City: Director of Planning and Development City of Fort Worth 1000 Throcicmorton Sh•eet Fort Worth, TX 76102 b. If to the Third Party Company: Ross Inspection Services 5436 Fursman Ave Fort Worth, Texas 76114 ARTICLE XII. GENERAL PROVISIONS § 12A1. Amendments to Agreeinent. Any amendment to this Agreement inust be in writing and signed by the Third Party Plumbing Company and the City Manager of the City or his/her designee, except as provided on Exhibits "A" or "B" in the Plumbing Inspection Agreement for adjustments in permit fees, collection amounts far• this inspection program and additional plumbing inspectors. § 12.02. Non-Exclusive Agreement. It is understood and agreed that retention of the Third Party Plumbing Company by the City to perform the Services, and for the purposes stated in this Agreement, is not exclusive. § 12.03. Force Majeure. The Third Party Company shall not be responsible or liable for any loss, damage, or delay caused by force majeure which is beyond the control of the parties, which shall include riot, insurrection, embargo, fii•e or explosion, the elements, act of God, epidemic, war, earthqualce, flood, or the official act of any government. Third Party Company Agreement Revised 9.08.09 11 § 12.04. Independent Contractor. The Third Party Company shall oper•ate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. Third Party Company shall have the exclusive control of, and the eYclusive right to, control the work designated to the Thi2•d Party Company to be perforined hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of .its ofiicers, agents, seivants, contractors, subcontractors and employees. Neither City nor Third Party Company shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. Pi�ovided, however, that no provision of this Agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of govei•nmental immunity or• any other immunity which it has under law. § 12.05. Prior Agreement Superseded. This Agreement constitutes the sole and only agreement of the parties to it, and supersedes any prior understandings or written or oral agreements between the parties respecting this subject matter. § 12.06. No Termination on Banlc�uptcy. Banlc�uptcy, insolvency, assignment for the benefit of creditors, or the appointment of a receiver will not affect this Agreement as long as the parties or their respective successors or legal representatives continue to perform all covenants of this Lease. § 12.07. Successors and Assigns. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto ar•e declared to be for the benefit of and binding upon their respective successors, representatives and assigns, if any. § 12.08. Invalidity of Provisions. It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not matei•ially prejudice either party in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. § 12.09. Waiver of Immunity. If Third Party Company, Sponsoring Company or Company as a charitable association, political subdivision, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, to the extent permitted by law, hereby expressly waives its rights to plead defensively such immunity, including govermnental immunity, or exemption as against City. § 12.10. Applicable Laws. The laws of the State of Texas shall govern this Lease and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Lease shall be in Tarrant County, Texas. Third Party Company Agreement Revised 9.08.09 12 § 12.11. Discrimination. The Third Party Company will not discriininate in the provision of services or eYecution of this Agreement against any person on the basis of race, color, national origin, religion, handicap, seY, sexual orientation or fainilial status. § 12.12. Exhibits. All exhibits attached to this Agreeinent are incorporated and made a part of this Agreement for all puiposes. § 12.13. Sole Agreement. This Agreement constitutes the sole and only agi•eement of the parties hereto and supersedes any prior Lulderstanding or written or oral agreements between the parties respecting the subject matter. EXECUTED th' � . ��-_' � � � .�° ATT�sT• � : �`'�� �, ..� : - : _ , ���Y' 1;f�,�'C` � �� � . � �a City S ?��:6�.� Approved as to form and legality: B •��I� !, � t'��,��j�}_.��;�;F'�v',r'1 y• a IVO ��L� ��s��'I��� THIRD PARTY COMPANY: {� �SS � Y���� C.-�-� C� �� t Authorized Representative: i , , day of . �G � � �6 � � � CIT'�T OF FORT WORTH: � � � � - �'� �✓ �Fernando Cos�a � �I>`/f.� Assistant City Manager ����� , C{'"i%rCkS ���� Name: l/ l`i�, Title: �,�� ��i '�� Signature: �'� � OFFICIA�, RE�QRD C�'I�Y S�CRETARY F'T. WOl�TW, 'TX Third Party Company Agreement Revised 9.08.09 U EXHIBIT "A" Commercial — Plan Review quali�cations: • Building Code — ICC Buiiding Official certification or Model Code Plans Examiner certification (one requi�ed) • Electrical Code — Model Code Electrical Inspector certification, current State of Texas Master Electrical License or FW Master Electrical License (one required) o Mechanical Code — Model Code Mechanical Inspector cei�tification, cui7•ent FW e Mechanical License or State of Texas Class A or B License (one required) • Plumbing Code — Model Code Pluinbing Inspector certification, cui7ent State of TeYas Plumbing Inspector License or Texas Mastei� Plumber License (one required) • Energy Code — Model Code Commercial Energy Plan Reviewer certification or Commercial Energy Field Inspector certification (one required) Commercial — Field Inspections qualifications: e Building Code — ICC Building Official certification, Model Code Plans Examiner certification or Model Code Building Inspector certification (one required) e Electrical Code — Model Code Electrical Inspector certification with cul7ent Fort Worth Master Electrical License or State of Texas Master Electrical License (two required) • Mechanical Code — Model Code Mechanical Inspector certification (one required) • Plumbing Code — Model Code Plumbing Inspector certification with cunent State of Texas Plumbing Inspector License* (two required) • Energy Code — Model Code Commercial Energy Inspector certification (one required) Residential (one- and two-family dwellings and their accessories) — Plan Review qualifications: • Building Code — ICC Building Off'icial certification, Model Code Plans Examiner certification or Model Code Btiiilding Inspector certification (one required) • Electrical Code — Mode Code Electrical Inspectoi• certification, current State Journeyman Electrical License or Fort Worth Journeyman Electrical License (one required) • Mechanical Code — Model Code Mechanical Inspector certification, cui7ent Fort Worth Mechanical License or State of Texas Class A or B License (one required) • Plumbing Code — Mode Code Plumbing Inspector certification, current State of Texas Phimbing Inspector License or Texas JoLu•neyinan Plumber License (one required) • Energy Code — Model Code Residential Energy Plan Review/Field Inspection certification (one required) Residential (one- and two-family dwellings and their accessories) — Field Inspections qualifications: • Building Code — ICC Building Official certification, Model Code Plans Examiner certification or Modei Code Building Inspector certification (one required) Third Party Company Agreement Revised 9.08.09 14 • Electrical Code — Model Code Electrical Inspector cer-tification with cul7ent State Journeyman Electrical License or Fort Worth Journeyinan Electrical License (two required) • Mechanical Code — Model Code Mechanical Inspector certification, cui7•ent Fort Worth Mechanical License or State of Texas Class A or B License (one required) • Phimbing Code — Model Code Plumbing Inspector certiiication with current State of Texas Plumbing Inspector License* (two required) • Energy Code — Model Code Residential Energy Plan Review/Field Inspector certification (one required) Notes: 1. All licenses and certifications must be lcept ttp to date. 2. Field inspections must be performed by the specific qualified individual only and the individuals name will be on all inspection reports. 3. Reference to "Model Code" is certification from ICC (formerly ICBO, SBCCI, BOCA), IAPMO or IAEI. 4. Reference to "Master or Journeyman Electrical License" is possession of a current Forth Worth license, a current license from another city that could be reciprocated with Fort Worth, a cui-��ent State License or the passing of the appropriate Master or Journeyman test. 5. You are encouraged to loolc for individuais that ah�eady posses a Plumbing Inspector License. However, if an individual possesses the required qualifications, the City will assist the individual in meeting the requireinents of the State Plumbing Board. 6. Alternative qualifications, other than the ones listed above, will be considered by the Building Official on an individual basis aild approval is at the sole discretion of the Biiilding Official. Third Party Company Agreement Revised 9.08.09 I S EXHIBIT "B" THIRD PARTY COMPANY List of Employed or Contracted Inspectors and Plan Reviewers Licenses, Certifications or Levels of Experience Name: Name: Name: Name: Name: I�► .FT'T� Name: Name: Name: Name: Third Party Company Agreement Revised 9.08.09 16 Natxie: C/ C�'�l/G7 �i�(jj� ��U�?lr= j� %�/I r'�, � � . ��% L' 2/ S' -�1.�� /�/IC'/>> h` '�-- l�J Gl�', . ; Naz�1e: Name: N< f ' ��,:,,;5. : ; 1� 2 ��s 5�j �G��Z/J�-r�='� L�t 2%��-?�% �l/Y%J C'C�' �� ;� �G"�� /i1 r.� C��� � � «��I�pbn� �" 11���rgs�o� ]D�at�: ��� j _ / / � �oaa�.�aa��.- T�T��e: '>I �JJJ�/', , E_�r� r �v� %Y/`U� � r�'J' , -�� � �� ��a9hor��� ���o�esem�z�f�ve: �% / �'<'�`t�� %� CJ��� g't•irai I��me �l'A$��: �(��G�%��'� �Il�'Ifl�1:II�Il'�: j�/�,"f` � ��a��rn����e� L'��ppesentafi�e r. .. 'r. .. 9: ,. .. ., x x x •'r. �&�V �IO�JIl'�V2i�: � n �` �- �Da�e: �iib�C�r.ng ����ia� ��z712o(7 Re�a-esen�at���� S�g��tut-� Third P�rty Company A�-eement Revised 9.OS.09 l�