HomeMy WebLinkAboutContract 55176 CSC No.55176
CITY OF FORT WORTH
PLUMBING INSPECTION AGREEMENT
THIS AGREEMENT made this 30 day of December 20 20
between the CITY OF FORT WORTH,a home rule municipal corporation of the State
of Texas located within Tarrant, Denton, P=)-Z>
son and Wise Counties, Texas
(hereinafter referred to as the "City"), and . 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 H.
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
Revised Phunbing Agreement 0&15/o8 CITY SECRETARY
FT.WORTH, TX
§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.
§2.84. 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%ith 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.
§3.42. 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
Revisod Plumbing Agreem.ent 12.2020 2
appropriate sanctions up to and including suspension or termination of their certification
to perfonm 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 Cityquality 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. Sucb materials shall include,but not be limited to,calculations,data,
studies, surveys, reports, correspondence, memoranda, reaps, 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 TV.
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 Pitunbing Agreement 122020 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 Iicensing 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 He 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.
§6.42. In lieu of tm- mnaation,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 fxom 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.
INDEMNMCATION
§7.01. QUALIFIED PLUMBING INSPECTION COMPANY AGREES TO DEFEND, INDEMNIFY
AND HOLD THE CITY, ITS OM, CERS, AGENTS SERVANTS AND EMPLOYEES, HAR BLESS
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,INCIATDING DEATH, THAT MAY RELATE TO,
ARISE OUT OF OR BE OCCASIONED BY (I) 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,AGENT'S,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, RESPONSIBYLIT'1', 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'WAWER OF THE CITY'S GOVERNMENTAL 1 4MUNITY
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 LIABIiLITY
$1,000,000 combined single limit,or
Split limits of$250,000 bodily injury per person
$500,000 bodily injury per accident l
$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 COMPENSAT10N
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.
§5.03. 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 its the state of Texas. Alternative
Revised Plumbing Ageement 122020 6
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 perforinnance 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 made its officers, agents, and employees
available to the City, at all reasonable times for any staternents 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 mariner,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 JX
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
god Texas Street
Fort Wortb, TX 76102
Revised Plumbing.Agreement 12.2020 7
b. If to the Qualified Plumbing Inspection Company:
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. lion-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 Respond-eat
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 P umbing Agreement 12.2020 $
§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 sloes 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 Immnunity. 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 exbibits 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 30 day of December ,2, 20
ATTEST: pia fonraa CITY OY FORT WORTH:
F°°°°°°°°°�L ado
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�v°o d Rea �GtYAGLG�O�
Qa °°°°°° °°°° *p Dane Durghdoff(Jai 4,2021 741 CST)
Mary Kaiser aa44 itA XASb-a Dana Burghdoff
City Secretary Assistant City Manager
Approved as to Form and Legality;
By: Mewa Zwod
Assistant City Attorney
±QUALIFIED PLUMBING INSPECTION COMPANY:
Company:_Ca C "YT>%i a
Name:
Print Name of Authorized Representative
Title:
Si )nature
OFFICIAL RECORD
Devised Plumbing Agreement 12.2020 10 CITY SECRETARY
FT.WORTH, TX
EXHIBIT"A"
List of Employed or Contracted Plumbing Inspectors
Name: C-, • �g
en
Plumbing License#: zT7,
Name:AQiYc}r+ -� ara
Plumbing License#: _ ash
Name:
Plumbing License#:
Name:
Plumbing License#:
Name:
Plumbing License#:
Third Party Plumbing ompany:
Name:
PIumbing 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 A 1
Name:
Plumbing License#:
Name:
Plumbing License#:
Name:
Plumbing License M
Name:
Plumbing License#:.
Name:
Plumbing License#:
"Exhibit A"Revision Bate:
Company Name: ` 4—e �
Authorized Representative: ►-OtIne
Print Name
Title: ��(N
Signature:
thorized Representative
City Approval:
Building Official or Authorized Representative Signature
Date:
Revised Plumbing Agreement 12.2020 12
EXHIBff"
A.I. Quatified Plumbing InspectionCompany:
Name I � a
Title �L]✓r�,�
Address
Phone
igzla,
A.2 Scope of Services: Plumbing Inspection
A.3 Frequency: As Cal1ed/On Request
Revised Plumbing Agreement 12.2020 13
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.
llison Gray A,CG%ow,6M
/ Allison Gray(Jan 15,2 114:00 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