HomeMy WebLinkAboutContract 36912 CITY SECRETARY 1?!
CONTRACT NO. p
CITY OF FORT WORTH
PLUMBING INSPECTION AGREEMENT
THIS AGREEMENT made this 1 —1 day of UL.,,r , 200
between the CITY OF FORT WORTH, a home rule municipal corporation f the State
of Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred
to as the "City"), and y('ado JQnC&L
Vij a4 the approved third-party
company employing licensed plumbing inspectors (hereinafter referred to as the "Third
Party Company").
RECITALS
WHEREAS, the City of Fort Worth is a home rule municipal corporation of the
State of Texas,located within Tarrant, Denton and Wise Counties, Texas; and
WHEREAS, the City desires to retain a Third Party Company to provide
plumbing inspections,being hereinafter referred to as the"Services"; and
WHEREAS,the Third Party Company agrees to perform plumbing inspections;
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the parties agree as follows:
ARTICLE I.
SERVICES PROVIDED
§1.01. The City retains the Third Party Company, to provide plumbing inspections,
subject to the terms, conditions, and stipulations under this Agreement.
§1.02. Third Party Company shall provide plumbing inspections as contracted between
the customer and the Third Party Company and on behalf of the City.
ARTICLE II.
COMPENSATION
§2.01. For and in consideration of the Services rendered by the Third Party Company,
the City shall pay and the Third Party Company shall receive the fees outlined below.
§2.02. Ten percent (10%) of the City Council established building permit fee shall be
paid to Third Party Company on commercial projects as provided in the collected fees
established by ordinance.
§2.03. A flat rate of$80 shall be paid to the Third Party Company per unit on residential
projects as provided in the collected fees established by ordinance. Payment is based on
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the completion of the structure and monthly invoices submitted to the City for each
individual building permit.
§2.04. Any amendments by City Ordinance to the fee tables and amounts collected for
plumbing inspections shall be considered an amendment to this contract.
§2.05. Third Party Company or its Plumbing Inspector shall not accept any
compensation or anything'of value from any contractor, owner or any other person whose
work is being inspected by the Plumbing Inspector pursuant to this Agreement except for
fees charged for plan review and inspections pursuant to a current agreement with the
City and a proper contract with the agent for the property.
§2.06. Third Party Company shall not submit and the City will not pay invoices for
inspections on plumbing permits that have not been placed in final status. Documentation
to support all invoices shall be provided to the City in an electronic form acceptable to
the City within 90 days of placement into final status. If the project has been abandoned,
documentation must be submitted within 90 days of expiration of the plumbing permit.
§2.07. Failure of the Third Party Company to invoice the City for Services within 90
days of the completion of services shall result in a forfeiture of fees from the City.
Forfeiture of any fees by the City shall not release the Third Party Company from any
financial responsibilities to the Plumbing Inspectors or other employees. Requests for
partial payments by the Third Party Company will not be accepted by the City.
§2.08. Red-tags issued by the City in excess of one event during each required
inspection on commercial projects will be charged a re-inspection fee as defined by City
Ordinance which must be paid by the Third Party Company prior to the issuance of a
Certificate of Occupancy. No Certificate of Occupancy will be issued by the City until
the re-inspection fee is paid in full.
ARTICLE III.
PROFESSIONAL RESPONSIBILITIES
§3.01. Third Party Company agrees to perform said Services in accordance with sound
accepted inspection principals and standards in a professional and workmanlike mariner
and to verify compliance with the applicable City of Fort Worth Code or any state codes.
§3.02. When hired by an agent for the property to provide said Services, the Third
Party Company shall:
(1) Conduct on-site inspections for code compliance when hired for inspection
services.
(2) Provide input, comments, and/or recommendations deemed appropriate by
the Third Party Company to assist the City in code and ordinance compliance.
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§3.03. The Third Party Company shall not perform, or allow persons or entities under
its control to perform any plumbing inspections on any projects without the required City
permits.
•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.
§3.04. The Third Party Company shall have the authority and obligation to issue turn-
down notices ("red tags") and the obligation to notify the City when stop-work orders are
necessary to ensure compliance with all City codes. The Third Party Company shall
participate as requested by the City in the prosecution of code violators as necessary
through court testimony or other means without compensation by the City.
§3.05. The Third Party Company shall be required to document inspections either in
writing 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.
All 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 three business days of
a written or verbal request by the City and upon termination of the contracted services.
Such materials shall include, but not be limited to, calculations, data, studies, surveys,
reports, correspondence,memoranda,maps, models,photographs, drawings, and audio or
video recordings.
The Third Party Company shall also provide within three business days of the City's
request, any original notes, documentation or other records of inspections and/or provide
written statements as appropriate for the City to respond to public information requests or
complaints. Failure to do so will be considered a breach of the terns of this Agreement
and may result in appropriate sanctions, up to and including termination of this
Agreement at the discretion 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.
§3.06. Permits will not be placed in final status and/or certificates of occupancy issued
by the City until lead certification letters have been submitted to and accepted by the
City.
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ARTICLE IV.
CITY REVIEW/SITE VISITS
§4.01. The City of Fort Worth retains the authority to render all code interpretations
including stop work orders and to require variances and/or appeals to be filed with the
Construction and Fire Prevention Board of Appeals
§4.02. The Third Party Company agrees and understands that City officials may, at
their discretion, make periodic site visits to review, inspect and duplicate any inspections
performed by the Third Party Company and its Plumbing Inspectors in order to insure a
quality control of performance.
The City retains the right of the City,through its Building Official, to periodically order
work to be opened up or exposed for inspection purposes to ensure compliance 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 rework. In the event the City determines that a third party organization is not
performing in a manner to ensure compliance with all applicable codes,the City may
require complete plan review or inspections by City staff.
ARTICLE V.
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 to perform plumbing inspections.
§6.02. The Third Party Company and all of its employed or contracted inspectors have
currently in effect all necessary licenses to perform the work and are qualified to perform
the work as required by the City's codes and the State of Texas.
All assistants or sub plumbing inspectors shall be currently licensed plumbing inspectors
in good standing with the state licensing board.
§6.03. The Third Party Company is expressly prohibited from using plumbing
inspectors to perform plumbing inspections 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
Plumbing Inspector, the Third Party Company shall submit and maintain a list of all
employed or contracted plumbing inspectors for the City's review and approval. Said list
shall be attached and incorporated into this Agreement as Exhibit"B".
§6.05. The control of the work will lie solely with the Third Party Company.The Third
Party Company shall set the hours of work of the Plumbing Inspectors and other
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employees and the number of hours needed to accomplish the purposes of this
Agreement.
ARTICLE VI.
TERMINATION
§5.01. This Agreement may be terminated by either party for any reason by giving two
(2)days written notice. -
§5.02. In lieu of termination, the City may, in its sole discretion, suspend the Third
Party Company or one or more of its individual plumbing inspectors for poor
performance, one or more violations of professional responsibilities, failure to achieve
accuracy rates as determined by the City, one or more violations of the public's trust,
public safety or accepted ethical standards, or for any other reason the City deems
appropriate.
§5.03. Termination 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 or 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
remedy or relief provided by law,whether or not stated in this Agreement.
ARTICLE VII.
INDEMNIFICATION
§7.01. THIRD PARTY COMPANY AGREES TO DEFEND,INDEMNIFY AND HOLD THE CITY,
ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL
CLAIMS,LAWSUITS,ACTIONS,COSTS AND EXPENSES OF ANY KIND,INCLUDING,BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE
OR LOSS TO OWNERS BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL
INJURY, INCLUDING DEATH,THAT MAY RELATE TO, ARISE 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 NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT
OF THIRD PARTY COMPANY , ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CrTY) 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; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS,
EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
NFSZLIGENCE OF BOTH THIRD PARTY COMPANY AND CITY,
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RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A
WAIVER OF THE CITY'S GOVERNMENTAL, IMMUNITY AS FURTHER PROVIDED BY THE
LAWS OF TEXAS.
ARTICLE VIII.
INSURANCE
§8.01. The Third Party Company will secure insurance in amounts no less than those
indicated herein, and furnish City with a certificate of insurance to evidence the policies
before any work shall begin. The Third Party Company shall be solely responsible for
submitting renewal information in a timely manner. Permits shall be denied to any Third
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 insurance.
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
PROFESSIONAL LIABILITY(Errors and Omissions)
If purchased as an excess policy, the certificate must state the inclusion of Professional
Liability
$500,000 per occurrence and annual aggregate in force for five years from date of
certification
WORKERS COMPENSATION
Statutory benefits for Workers Compensation
Employers Liability limits:
$100,000 each accident/occurrence
$100,000 Disease,each employee
$500,000 Disease,policy limit
§8.02. The City of Fort Worth shall be shown as an additional insured on general
liability and automobile policies. All policies shall provide a Waiver of Subrogation on
behalf of the City of Fort Worth.
§8.03. Insurers of required insurance policies shall be acceptable to the City of Fort
Worth in terms of financial solvency and strength and have a current A.M. Best Key
Rating Guide rating of A:VII or be reasonably equivalent thereto. Insurers shall be
licensed by the Texas Department of Insurance (TDI)to do business in the state of Texas
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or be otherwise authorized as eligible to do business in the state of Texas. Alternative
retention groups or risk pools may be acceptable to the City of Fort Worth pending
qualifications by TDI and require advance approval by the City of Fort Worth.
§8.04. Third Party Company representatives are not employees or subcontractors of City:
Third Party Company acknowledges that he or she, if an individual, or it, if an entity, will
contract directly with the owner or contractor for performance of plan review and/or
inspection services, on terms approved by the parties. The undersigned and the officers,
agents, employees, and subcontractors of Third Party Company shall not be deemed
officers, agents, employees or subcontractors of the City of Fort Worth. The City of Fort
Worth 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.
§8.05. 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
officers, 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.
§8.06. 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 claim of any third party.
§8.07. Nothing herein shall be construed in any manner, to create a cause of action for
the benefit of any person not a party to this Agreement, or to create any rights for the
benefit of any person not a party to this Agreement not otherwise existing at law.
ARTICLE IX.
NOTICES
§9.01. 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
prepaid, certified or registered mail, return receipt requested, addressed to the parties
hereto at the respective addresses set out below, or at such other address as they may
hereafter specify by written notice so given.
a. If to City:
Director of Planning and Development
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
b. If to the Third Party Company:
11 Zak
ARTICLE X.
GENERAL PROVISIONS
§10.01 Amendments to Agreement. Any amendment to this Agreement must be in
writing and signed by the Third Party Company and the City Manager of the City or
his/her designee, except as provided on Exhibit "C" for adjustments in pen-nit fees,
collection amounts for this inspection program and additional plumbing inspectors.
§10.02. Non-Exclusive Agreement. It is understood and agreed that retention of the
Third Party Company by the City to perform the Services, and for the purposes stated in
this Agreement,is not exclusive.
§10.03. Force Majure. 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, fire or explosion, the elements,
act of God, epidemic, war, earthquake, flood,or the official act of any government.
§10.04. Independent Contractor. The Third Party Company shall operate 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 exclusive right to,
control the work designated to the Third Party Company to be performed hereunder, and
all persons performing the same, and shall be solely responsible for the acts and
omissions of its officers, agents, servants, 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. Provided, 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 governmental
immunity or any other immunity which it has under law.
§10.05. 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.
§10.06. No Termination on Bankruptcy. Bankruptcy, insolvency, assignment for the
bone It of credito s, appointment of a receiver will not affect this Agreement as
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long as the parties or their respective successors or legal representatives continue to
perform all covenants of this Agreement.
§10.07. Successors and Assigns. Subject to the limitations contained herein, the
covenants, conditions and agreements made and entered into by the parties hereto are
declared to be for the benefit of and binding upon their respective successors,
representatives and assigns, if any.
§10.08. 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 materially prejudice either party in
connection with the rights and obligations contained in the valid covenants, conditions or
provisions of this Agreement.
§10.09. 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 governmental immunity, or exemption as against City.
§10.10. Applicable Laws. The laws of the State of Texas shall govern this Agreement
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 Agreement shall be in Tarrant County,
Texas.
§10.11. Discrimination. The Third Party Company will not discriminate in the
provision of services or execution of this Agreement against any person on the basis of
race, color,national origin,religion,handicap, sex, sexual orientation or familial status.
§10.12. Exhibits. All exhibits attached to this Agreement are incorporated and made
a part of this Agreement for all purposes.
§10.13. Sole Agreement. This Agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understanding or written or oral agreements
between the parties respecting the subject matter.
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EXECUTED this the 0 day of , 200—L.
ATTEST: CITY OF FORT WORTH:
Marty Hendritle-fss�l �ty�4
City Secretary Assistant City Manager
Approved as to form and legality:
Coatragt Authorization
By:
Assistant CityAttorney Date
Name:
THIRD PARTY PLUMBING COMPANY:
T-M�leb/�
Authorized Representative: Name:
Title: �v
Signature:
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EXHIBIT A
Commercial—Plan Review qualifications:
• Building Code — ICC Building Official certification or Model Code Plans
Examiner certification(one required)
• Electrical Code—Model Code Electrical Inspector certification, current State
of Texas Master Electrical License or FW Master Electrical License (one
required)
• Mechanical Code — Model Code Mechanical Inspector certification, current
FW
• Mechanical License or State of Texas Class A or B License(one required)
• Plumbing Code—Model Code Plumbing Inspector certification, current State
of Texas Plumbing Inspector License or Texas Master 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:
• Building Code — ICC Building Official certification, Model Code Plans
Examiner certification or Model Code Building Inspector certification (one
required)
• Electrical Code — Model Code Electrical Inspector certification with current
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 current
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 Official certification, Model Code Plans
Examiner certification or Model Code Building Inspector certification (one
required)
• Electrical Code — Mode Code Electrical Inspector certification, current State
Journeyman Electrical License or Fort Worth Journeyman Electrical License
(one required)
• Mechanical Code — Model Code Mechanical Inspector certification, current
Fort Worth Mechanical License or State of Texas Class A or B License (one
required)
ly—
• Plumbing Code — Mode Code Plumbing Inspector certification, current State
of Texas Plumbing Inspector License or Texas Journeyman 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 Model Code Building Inspector certification (one
required)
• Electrical Code — Model Code Electrical Inspector certification with current
State Journeyman Electrical License or Fort Worth Journeyman Electrical
License (two required)
• Mechanical Code — Model Code Mechanical Inspector certification, current
Fort Worth Mechanical License or State of Texas Class A or B License (one
required)
• Plumbing Code — Model Code Plumbing Inspector certification 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 kept up 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 current State License or the passing of the appropriate Master or
Journeyman test.
5. You are encouraged to look for individuals that already posses a Plumbing Inspector
License. However,if an individual possesses the required qualifications, the City will
assist the individual in meeting the requirements 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 and approval is at the sole discretion of the
Building Official.
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EXHIBIT "B"
List of Employed or Contracted Plumbing Inspectors
Name: r is 1<d le-htu.)
Plumbing License #:
Name:_ f
Plumbing License
Name:_ J 5 +-
Plumbing License
Name: VYI:eS Uli'►"� �
Plumbing License#: 7T -d--70(
Name: ca yVL&y- c a4U
Plumbing License#: o7'-U
Third Party Plumbing Company:fteffZ.)r S
Name: _hwroi YIlle,6co i
Plumbing License#: :--17YI
Name:
Plumbing License#:
Name:
Plumbing License#:
Name:
Plumbing License#:
Name:
Plumbing License#:
Name:
Plumbing License#:
Name:
Plumbing License #:
Name:
Plumbing License#:
Name:
Plumbing License#:
Name:
Plumbing License#:
Name•
Plumbing License#:
Name•
Plumbing License M
Name:
Plumbing License#:
;IT, MKAPM ,IPY
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EXHIBIT "C"
A.I. Third Party Plumbing
g Company:
Name
Title
Address
Phone Iz
Signature
A.2 Scope of Services: Plumbing Inspection
A.3 Frequency: As Called/On Request
AA Compensation: Ten percent (10%) of the City Council
established building permit fee shall be paid to Third Party Plumbing
Company on commercial projects as provided in the collected fees
established by ordinance. A flat rate of $80.00 shall be paid to the Third
Party Plumbing Company per unit on residential projects as provided in
the collected fees established by ordinance. Payment is based on the
completion of the structure and monthly invoices submitted to the City for
each individual building permit.
Any amendments by City Ordinance to the fee tables and amounts
collected for plumbing inspections shall be considered an amendment to
this contract.
• The City may accept a letter from the State Plumbing Board as documentation
1 n plumbing license number. Documentation must be attached.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/30/2007
DATE: Tuesday, October 30, 2007
LOG NAME: 06PLUMBING INSP REFERENCE NO.: **C-22488
SUBJECT:
Authorize to Enter into Agreements with Qualified Third-Party Plan Review and Inspection Firms
and Plumbing Inspection Firms to Provide Plan Review and Inspection Services
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into agreements with qualified third-party plan review and inspection
firms to provide plan review and inspection services at the request of developers, builders and other
customers in the City of Fort Worth; and
2. Authorize the City Manager to enter into agreements with professional plumbing inspection firms to
perform plumbing inspections at the request of the City.
DISCUSSION:
Since March 2, 1999, (M&C G-12492) the City of Fort Worth has operated a third-party plan review and
inspection program 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 schedules for various projects. Eight years later, these
third party companies have become a necessary and valuable partner in the delivery of plan review and
inspection services while the City continues to grow at a rapid rate.
On January 16, 2001, (M&C G-13127) the City Council authorized ordinances and funds to enable the City
to pay these third-party firms for plumbing inspections to ensure that the third-party program complies with
State law. On December 18, 2001, (M&C C-18898) the City Council authorized the City Manager to enter
into agreements with independent, professional plumbing inspectors to perform inspections within the City
of Fort Worth. Contracts with individual plumbing inspectors, rather than agreements with the firms that
employed them, became necessary due to a Texas State Plumbing Board rule change that required that
payments from Cities be made directly to the plumbing inspectors.
The current participants in the third party program complete an application to be certified as an approved
firm; however, they are not engaged in a formal agreement with the City. In addition, during the 2007
legislative session, HB 1850 was passed into law and restores the City's ability to contract with plumbing
firms rather than the individual inspectors for plumbing inspections. Staff has prepared formal contracts to
address both of these issues. The contracts acknowledge the volume of work handled by these firms and
the City's goal to ensure quality service whether performed by City personnel or certified private firms.
The new contracts specifically provide for the City's ability to suspend or terminate third-party firms that are
unable to maintain sufficient accuracy rates or who demonstrate lapses in professional standards. The
contracts mandate periodic meetings and training with staff. Finally, the plumbing inspector contracts
mandates appropriate billing procedures.
Logname: 06PLUMBING INSP Page 1 of 2
Currently, there are 12 third-party firms that are certified to perform these services in the City of Fort Worth.
It is anticipated that all of these firms will engage in the new contract.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b Dale Fisseler(6140)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Susan Alanis (8180)
Logname: 06PLUMBING INSP Page 2 of 2