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HomeMy WebLinkAboutContract 36915 CITY CONTRACT O SECRETARY 15 CITY OF FORT WORTH PLUMBING INSPECTION AGREEMENT THIS AGREEMENT made this 20 day of Febn1ga 2008 , between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as the "City"), and Bureau Veritas North America, Inc. , 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 9-92931 9M 1 Revised Plumbing Agreement 01-16-08 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 manner 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. 2 §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 terms 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. �X 1�1 n o YEK, _ 3 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 co f t ork will he solely with the Third Party Company. The Third Party Company;sfiall sef -the h6iifs f work of the Plumbing Inspectors and other { 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 OWNER'S 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 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; 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 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 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 financi 1 so er aneh�trmgth and have a current A.M. Best Key Rating Guide rating of :V.1I�6r,".he x04s'9o4b equivalent thereto. Insurers shall be licensed by the Texas Department of Insurance (TDI) to do business in the state of Texas 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 F X7PTQZ- fill GL o b. If to the Third Party Company: Bureau Veritas North America, Inc. 910 Houston St, Ste 100 Fort Worth TX 76102 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 permit 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 understandi or written or oral agreements between the parties respecting this subject matter. v 911 :i i� ii g §10.06. No Termination on Bankruptcy. Bankruptcy, 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 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. 9 EXECUTED this the �th day of �� , 200 4 ATTEST: CITY OF FORT WORTH: Lj— Marty Hendrix _ S t City Secretary Assistant City Manager Approved as to form and legality: C -,�')418 Contract Authorizatioi By: qQ4�aawal ►°130 �1 _ Assistant City Attorney gate THIRD PARTY PLUMBING COMPANY: Authorized Representative: Name: VA#� 1 eAd Title: Vf ce- Pre-s;cue n Signature: _ I r,27 NN n. C�FY 612 10 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: 11 • 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) • 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: I. 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. 12 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. 13 EXHIBIT "B" List of Employed or Contracted Plumbing Inspectors Name: Phil Blakely Plumbing License#: I-2287 Name: Jason Cottongame Plumbing License#: I-2460 Name: Jeffery Heath Daniel Plumbing License#: I-2373 Name: Kevin Duane Davis Plumbing License#: I-2361 Name: Mario R. Deleon Plumbing License#: I-2126 Third Party Plumbing Company: Bureau Veritas North America Inc. Name: Dennis Arthur Diederich Plumbing License#: I-2294 Name: Leslie B.Doty Plumbing License#: I-2384 Name: Michael Weldon Doughty Plumbing License#: I-1291 Name: Timothy Lee Green Plumbing License#: I-2633 Name: Bart R. Hall Plumbing License#: I-2180 Name: Rick Herzberger Plumbing License#: I-1600 Name: Mark David Jones Plumbing License#: I-2584 Name: Charles A. Merritt Plumbing License#: I-2669 ,�';l 1a�wv'lID 14 Name: Travis Prothro Plumbing License#: I-2228 Name: Gene David Ramage Plumbing License#: I-1049 Name: David Wayne Stephens Plumbing License #: I-1494 Name: Manuel Villarreal Jr. Plumbing License#: I-2623 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#: o < !ate 01 15 EXHIBIT "C" A.I. Third Party Plumbing Company: Name VA F� Tim Title y l C.-G Vre s--4,ee � Address g10+W5tM S+,Sk 1 QQ , f b(47 W pMI N 76 W- Phone N-335-JjM l VI-?,44= Signature A.2 Scope of Services: Plumbing Inspection A.3 Frequency: As Called/On Request A.4 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 of a pending plumbing license number. Documentation must be attached., J�e �1�.i1��i�lU9 ��Gtlo 16 —� 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/AccounVCenters Submitted for City Manager's Office by- Dale Fisseler (6140) Originating Department Head: Fernando Costa (8042) Additional Information Contact: Susan Alanis (8180) Logname: 06PLUMBING INSP Page 2 of 2