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HomeMy WebLinkAboutContract 55126 CSC No.55126 CITY OF FORT WORTH PLUMBING INSPECTION AGREEMENT THIS AGREEMENT made this 30th Clay of December 2020 between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, Parker, Johnson and Wise Counties, Texas (hereinafter referred to as the "City"), and North Texas Inspection Services , the approved third-party company employing licensed plumbing inspectors (hereinafter referred to as the "Qualified Plumbing Inspection Company"). RECITALS WHEREAS, the City of Fort Worth is a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, Parker, Johnson and Wise Counties, Texas; and WHEREAS, the City desires to retain a Qualified Third Party Inspection Company to provide plumbing inspections, being hereinafter referred to as the "Services"; and WHEREAS, the Qualified Plumbing Inspection 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 Qualified Plumbing Inspection Company, to provide plumbing inspections, subject to the terms, conditions, and stipulations under this Agreement. §1.02. Qualified Plumbing Inspection Company shall provide plumbing inspections as contracted between the customer and the Qualified Plumbing Inspection Company and on behalf of the City. ARTICLE II. COMPENSATION §2.01. For and in consideration of the Services rendered by the Qualified Plumbing Inspection Company, the City shall pay and the Qualified Plumbing Inspection Company shall receive the fees outlined below. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Revised Plumbing Agreement 08/15/08 §2.02. A flat rate of$1,000.00 annually for plumbing inspections performed the previous year. §2.03. Any amendments by City Ordinance to the fee tables and amounts collected for plumbing inspections shall be considered an amendment to this Agreement. §2.04. Qualified Plumbing Inspection 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. §2.05. Qualified Plumbing Inspection Company shall not submit and the City will not pay invoices for inspections on plumbing permits that have not been placed in final status. §2.06. 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 Qualified Plumbing Inspection 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. Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection Company to assist the City in code and ordinance compliance. §3.03. The Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Revised Plumbing Agreement 12.2020 2 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection Company 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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. 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 Revised Plumbing Agreement 12.2020 3 §4.02. The Qualified Plumbing Inspection 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 Qualified Plumbing Inspection Company and its Plumbing Inspectors in order to insure a quality control of performance. §4.03. 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 Qualified Plumbing Inspection Company 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 §5.01. The Qualified Plumbing Inspection Company and all of its employed or contracted inspectors shall have all necessary and current certifications and licenses issued by the State of Texas 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. §5.02. The Qualified Plumbing Inspection Company is expressly prohibited from using plumbing inspectors to perform plumbing inspections under this Agreement who are not on the City's approved list. §5.03. Upon execution of this Agreement and before the use of any newly hired Plumbing Inspector, the Qualified Plumbing Inspection Company shall submit and maintain a list of all employed or contracted plumbing inspectors for the City's review and approval, such approval may be granted by the Director of Development Services or designee. Said list shall be attached and incorporated into this Agreement as Exhibit A and each revision to Exhibit A by the Qualified Plumbing Inspection Company shall be incorporated into the Agreement and shall supersede the previous list. §5.04. The control of the work will lie solely with the Qualified Plumbing Inspection Company. The Qualified Plumbing Inspection Company shall set the hours of work of the Plumbing Inspectors and other employees and the number of hours needed to accomplish the purposes of this Agreement. Revised Plumbing Agreement 12.2020 4 ARTICLE VI. TERMINATION §6.01. This Agreement may be terminated by either party for any reason by giving two (2) days written notice. §6.02. In lieu of termination, the City may, in its sole discretion, suspend the Qualified Plumbing Inspection 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. §6.03. Termination of this Agreement as provided in this Article will not relieve the Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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. QUALIFIED PLUMBING INSPECTION 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 (1) QUALIFIED PLUMBING INSPECTION COMPANY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF QUALIFIED PLUMBING INSPECTION 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 QUALIFIED PLUMBING INSPECTION 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 QUALIFIED PLUMBING INSPECTION COMPANY AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED Revised Plumbing Agreement 12.2020 5 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection Company shall be solely responsible for submitting renewal information in a timely manner. Permits shall be denied to any Qualified Plumbing Inspection 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 or be otherwise authorized as eligible to do business in the state of Texas. Alternative Revised Plumbing Agreement 12.2020 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. Qualified Plumbing Inspection Company representatives are not employees or subcontractors of City: Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection Company or to any person retained by the undersigned, including but not limited to liability for payment for services. §8.05. The Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Development Services City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Revised Plumbing Agreement 12.2020 7 b. If to the Qualified Plumbing Inspection Company: North Texas Inspection Services 8220 Clifford Street White Settlement ARTICLE X. GENERAL PROVISIONS §10.01 Amendments to Agreement. Any amendment to this Agreement must be in writing and signed by the Qualified Plumbing Inspection Company and the City Manager of the City or his/her designee, except as provided on Exhibit `B" 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 Qualified Plumbing Inspection Company by the City to perform the Services, and for the purposes stated in this Agreement, is not exclusive. §10.03. Force Majeure. The Qualified Plumbing Inspection 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 Qualified Plumbing Inspection Company shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. Qualified Plumbing Inspection Company shall have the exclusive control of, and the exclusive right to, control the work designated to the Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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. Revised Plumbing Agreement 12.2020 8 §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 Qualified Plumbing Inspection 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 Qualified Plumbing Inspection 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 Immigration Nationality Act. City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no Services will be performed by any employee who is not legally eligible to perform such Services. Vendor Revised Plumbing Agreement 12.2020 9 shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. §10.13. Exhibits. All exhibits attached to this Agreement are incorporated and made a part of this Agreement for all purposes. §10.14. 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. EXECUTED this the 30th day of December 20 20 . ATTEST: CITY OF FORT WORTH: OF°F°°°TO. !y d Ulm p�P o o* d Dana Burghdoff(Ja a,zozi i ss CST) Icy Mary Kaiser �d °° °°°°°°°° Dana Burghdoff City Secretary �nExAsabp Assistant City Manager Approved as to Form and Legality: McGihda'Vawtof By: Assistant City Attorney QUALIFIED PLUMBING INSPECTION COMPANY: Company: North Texas Inspection Services Name: James West Print Name of Authorized Representative Title: Owner Signature: Gf)ea�t Authorized Representative OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Revised Plumbing Agreement 12.2020 10 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Allison Grey Allison Gray / Allison Gray(Jan 5,202111:02 CST) Name of Employee/Signature Assistant Director Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" List of Employed or Contracted Plumbing Inspectors Name: James West Plumbing License#: 2305 Name: Lee Barry Plumbing License#: 2579 Name: Eric Fitzgerald Plumbing License#:2978 Name:Scott Commander Plumbing License#:3450 Name: David Alexander Plumbing License#:2749 Third Party Plumbing Company: Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: Revised Plumbing Agreement 12.2020 11 Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: Name: Plumbing License#: "Exhibit All Revision Date: 12-30-20 Company Name: North Texas Inspection Services Authorized Representative: James West Print Name Title: Owner Signature: Authorized Representative City Approval: Building Official or Authorized Representative Signature Date: Revised Plumbing Agreement 12.2020 12 EXHIBIT "B" A.I. Qualified Plumbing Inspection Company: Name Title Address Phone Signature A.2 Scope of Services: Plumbing Inspection A.3 Frequency: As Called/On Request Revised Plumbing Agreement 12.2020 13