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Home My WebLink AboutContract 28335� �I'�`( �'��A�� 57€��iA�`i �� _ _�� C�TY OF FORT WORTH PLUIVIBING �NSPECTZOIi� AGREEMEIV'T This Agreement made t17.is (+ � day of �c,,�, t� • p�_, 2402, betwe�n the City af Fort Worth {hereznafter referred to as the "City"), and ��c��n nL. 1�u�;.r��. _,� (hereinafter referred ta as the "Plurnbir�g Inspecior"}. T,z� consideration of the muival promises contained in this Agreement, the pazties agree as follows: REC�TALS The City of Fort Worth is a k�ome rule m�nicipal corporation - of the State of Texas, located within Tart'azit ai�d Denion Cour�ties, Texas. The City desires to retain a Plumbing Tx�spector to provide the Services as set ou# in Exhibit, "A" which is attached hereto a.nd made a part hereof for alI purposes, being hereinafter referred ta as the "Services". The Plumbing inspector agrees to perform fhe services as set out in Exhibit "A". AGREEMENT The City and Plumbing �nspector, for and in consideration of the mutual ca�enants herain, set forth agree as follows: ' It is agreed thai the City zetains the Pliunbing Inspectaz to pravide the Services as set out in Exhibit "A", subj ect to the terms, candi.tions, and stipulations under this Agreement. � COMP�NSATIQN For and in considera�ion of the Services rendered by the Plumbing Inspector; the City shall pay and the Plumbing Inspector shall receive the fees set forth in Exhibit "A" attached hereto and incor�orated herein by reference. Plumbing Tnspector shall not acc�pi any compensation ar anything of value from any contractor or owner whose work is being inspecied by ihe.Plumbin� Inspector. PROFESSIONAL RESPONSIBIL�TIES Plumbing �spector agrees to perform said Services exp�ditiously, on request of the City, in accordance with sound �and generally accapted inspec�ion principals and standards, to check �'or compliance with the applicable �ity of Fort Worth Code ox Codes�. When requested by the Ci�y, the Plumbing Tnspectaz' shaIl (1) conduct on-siie inspections for Code compliance, and {2) provi�de review of plans, plats, document�� ___._ designs, developments, reports, studies, surveys, data, etc, prepareci by �exsQ�s,�or, ert�� ; other than the Piumbing Inspector and submitted to the Plumbing Inspector by the City, aaad (3) provide input, comments, andlar recammendations az�d such respanse deemed appropriate by the Plumbing Inspector ta assist the City in Code compliance. All documenis which coms into tl�e possession o�' Plumbing �nspector are and shall renr�aaza the properiy of the � City, shall be rnaintained at the City Hall, 14Q0 Throckrnorton Street, and are public records, subject to determinataon by the City otherwise. CITY REV�EW Plumbing Inspector agrees and understands that City a�ficials may, at their discretion, make periodic site visits to reviavv, inspect axid du�licate any inspections perfarnaed by the Plumbing JzaSpector in order to insure a quality control of performance, The city off cial shall rnaintain iull interpretation auihority of all affected cades as well as tha'authority to require corrections, inaluding, b�t not limited ta, notices andlor stop work orders. Plumbing InspEctor understands that,�u�on completion of a11 building prajects, the City official, will perfbrm a final inspection prior to the issuance of a certificafe of occupancy. TERMINATION This Agreeinent ma�+ be tejnrminated by either party for any reasan by givin.g twa (2) days written notice. The City reserves th� right to suspend or stop services immediately. � AMENDMENTS TO AGREEMENT Asry amendment to this Agreement must be in writing � and signed by the Plumbing Inspectox an.d the City Manager of the City. NON-EXCLUSIVE AGREEMENT It is undarstood and agreed that retention of the Plumbi.ng �nspectar by the City ta perfarm the Se�rvices, and for �he purposes stated in this Agreement, zs not exclnsive: ASSISTANTS Th� Piumbing Inspector � does nat have the right to employ assistants or sub plunlbing �nspectors to perform the Services without the advanced written consent of the Ci�y Development Director. All assistants or sub plumbing inspectars shall be currently licensed plumbing inspectors. INDEMNIFICATION P�.UMBING INSPECTOR ASSUMES THE ENT�R� RESPONSIBILITY AND LIASTLITY FOR ANY CLAIM OR ACTION SASED QN OR ARISING OUT OF I1�IJURIES, INCLUDING DEATH� TO PERSONS OR DAMAG�3 TO OR DESTRUCTiDN O� PRO�ERTY, 5U5TAINED OR ALLEGED 2 TO HA.V� ��N Si15TAInED IN CONNECTION WITH O1Z TO HAVE ARISEN OUT OF OR INCIDE�ITAL TO THE P�RF`ORMANC� OF THIS CONTRACT SY PLUMSING �NSPECTOR, R�GARDL�5S OF WHETHER SUCH CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPOlV ALLEGED NEGLIG�I�C� O� 'X'H� CITY O� FORT WOR'�H, ITS OF�'ICERSy AGENTS OR EM�LOX�ES� OR THE EMPLOI'EES� AGENT5� INVITEES, OA LICEN5EE5 TH�REOF. PLUMBXNG �NS��CTO�t �URTH�R AGRT�.�S TO INDEIYINIFY ANA HOJ�D HARMLESS THE CITY OF FORT WORTH� IT5 OFFIC�RS� .AGENTS AND EMPLOYEES IN REaP�CT TO ANY SUCH MATTERS AS SET OUT .ABO'4�� AND AGREES TO DEFEND ANY . CLAIM OR S'UIT OR ACTION AT PLUM�ING �NS�ECTOR'S OWN �XPENS� WHEN SUTT IS BROUGHT AGAINST THE CITY OF FORT WORTH� IT5 OFFICERS7 AGENTS OR �MPLOI'�ES� AND �M�LOYEES� AGEiVTS� INVITEES, AIVD L1C�N5EES THEREOF. INSURANCE ° It is agreed between Plurnbing �ns�ector az�d Ciiy- af Fart Worth that Plunlbing Tnspector will secure anc� furnish City with a certificate of general liability and autozxxobile insurance � coverage in an amount specified by standard policies and procedures of fhe Risk Management Degartment of the City during the term of this contract. Said policy is to include coverage for negligent acts, errors, and omissions and be maintained in force far five years from date of certiiication ar certificatian renewal. The City of Fart Worth .shall be shown as ar� additional in.sured on said policies of insurancE. � M=aL�]_��_ .►�l i Isl1�11_��=�! The Plumbing Inspector shall not bE resp4nsible ox liahle far any loss, damage, o:r delay caused by farce majewre which is beyond the control of the �arties, which shall include riot, insurrection, embargo, fire ar explosion, the elements, act of God, epidemic, vvar, earthq�ake, flood, or the of�cial act af any government. LEGAL CONSTRUCTYON In case of any one or more of the provisions contained in this Agreem�nt shall for any xeason be held to be invalid, illegal, ar unen�axceable in any respect, such invalidity, illegality, or unenforceability shall noi affect any ather pro�ision and this Agreement shall be eonstrued as if such invalid, illegal, or unenforceable provision had ne�er been contained in it. � WARRANTTES Plumbing Inspector hereby warrants that: Plumbing �nspector has, currently in ef�ect, all necessary licenses to perform tlie work, and Plumbing Inspector is qualified to perform th� wark as required by the City's Codes and the State of Texas; � a. All assistants or su�-plumbing inspectors employed by Plumbing Itispectoz shall be currently licenst;d plumbing inspectors. � c. AIl work is to be performed in a professional and workmanlike ma.z�n.er; �� d: . The Plum.bing Inspec#or agrees to anci represents that it will not in an.y fashion discriminate in the provision of 5ervices against any person because, of race, colar, zeligion, national origin, sex; age, disahility, polit;ica� belief, sexual orieniation or affiliatio�n. INDEPENDENT CONTRACTOR It is the express agreement and understanding af the parties tha� Plumbing Inspector is in all respects an independent co�itractor of the City. The relationship between the Plumbing Tnspector and the City is that of an independent contractor. Neither party is an employee, servant, or partner of the atb.er, and nei�kiez has the right, auth�rity, or power ta direct, bind, or obligate the ather in any way, except within the cont�xt of this Agreement. The Ciiy is interesied only in the resulis ta be achieved, and the control af the work will lie salely with Pluz�n.hing �n.spector. Plumbing Inspector shall set its own hours of work and the number of hours that it shall work to accomplish the purpose� o#' this Agreement. � PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole and only agreemen# of the parties ta it, and supersedes any prior under�tandings ox written ar aral agreements between the parties respecfiing fihis subject marter. TEXAS LAW TO APPLY This Agreernent �shall be construed under az�d in accordar�ce vvith the laws of the State of Texas, and all ol�ligations of the -parties created under this Agreement are performable in Tarrani County, Texas. Venue shall be in the state courts locaied in Tarrant County, Texas or the Uni�ed States District Cou�i for the Northern Disirict of T�xas, Fort_Worth Division. PARTIES BOUND This Agreement shall be binding on and inure to the benefit of the parties ta it and their respective heirs, executors, administrators, legal representatives, successors, and assign�. MAILING ADDRESSES All notices a�d camununications under this Agreement �o be rnailed or delivered to the Ci�y sl�all be sent as follows: City of Fort Worth 1fl00 Tharockmorton �treet Fort Worth, Texas 75IO2 4 0 Attention: I]evelopment Direcfor Te�ephone (817} 871-8901 All notzces and communications under this Agz'eement to be mailed ar delivered to the Plumbing Tnspector a�d if applicable, the carporation, associativn, partnership oz' any other nan-governinen�al entity that ernploys said Plumbing Inspectar shall be sent as �ollows, unless and until the City is otYaetwise notified: • Plumbing Inspector: �c.v�r. M► . iZc.�►�n,:,-r., �� b5 `T".rc„n 11 Gc SC_ � r, `�c ` r �s Z'')c - � �,1 � 1 Company: �6c�41 �PYGC r45 �i �Gn �.Y�r+j�G�S �'i�7.0 C.�i F�u<r�l Si . i�J�i�-e. "�cttte rn.P n�t r� �G i.¢� Any natices and communicatyons required ta be given in writing by one party to the other shall be considered as having been g'iv�n to the addressee on the date the notice or commuriication is placed in the Unifed States Mail. Executed, in multiple counterparts, at Fort Worth, Texas, on the day and year f rst above written, and each signed countexpart shall be treated as an ariginal for ail purposes. ATTEST: .-} Gloria Pear�un, City Secretary Apprroved as fo form and legality: David Yett, City Attomey � ��' i� Sarah F 11 nwider Assistan ity At�orney �`. ' ,,, , �, � � CITY OF FORT WORTH ,, . Assistant City Manager ...._.� _ � � .�.�� -- - -- ..�n�G�F��`x +�t��a��,��A��eY� ..�.��,w,,= I ��""„-.�l_au.�._---:� �� PLU G YNS CT�R Z�; � � / Nau1e: � �.�c•, � . �a rn.: rc L Title: �a�� nP ,� r EXHIBIT "A" ATTACHED TO AND MA17E A PART OF AN INSPECTION �ND CODE C�MPLIANCE SERVICES AGREEMENT A.I. Plumbing Inspector: ��v-� � N. �tc.�;�, Name A.2 Scope of Services: Plumbing Inspection 11C�5 �rc�,r� ��r�rs� 1.�r, Address ��: ��,.� `rX �i�[3l �ii `�i-l�, -7�i� Phone A.3 Frec{ueney: As Called/On Request A.4 Compensation: Ten percent (10%) of the City Cauncil established building permit fce. Payinent is based on �he campletian af the sfauc#ure and monthly invoices subnutted to the City for each individual building perrnit. :� RI�K MANAGEMENT RECOMNfENDATIONS �OR INSURANCE REQUiREMENTS Basic requirements or lrrrtits of insurance caverage are listed below. Limits af co�ezage depend on several fac#ors including but not limited to risk exposure in regards ta zespective serviees, products procured, or contractual tem�s, to nazne a few, Statutory Limits of Warkers' Connpezisation is applicable for all public projects. Cavezage ]iznits are the zecommendation of Risk Management. There are exceptions anii depxrtrnents are ultimately resppnsible for setting contxact liznits. 1. Commercial General Liabiiity (CGL) Insurance Palicy $ I,000,000 each accurrence , $2,D00,000 aggregate limit Covezage shall include but not be limited to the following; premises operations, independent contractors, productslcoanpleted operatians, (include explosion/callapselunderbround pxoperty if applicable), personal snjury, and contractual Iiability. Insurance shall be provided an an occumrence basis, be as comprehensive as the' cuirent Insnzance Services Offiee (ISO) policy. (Sudden poUiition eoverage may not Ue excluded by endorsemenfi, Tr�clude as a zequirement o,f the line oi endorsement that you do not want e.xcluded. Determined by a review of ti�e risk eacposures) AlI endorsed excl.usions aze subject- ta review of the City in order to detemune if the axclusions are acceptable. Un the event the exclusians are unacceptable and the City desires the contractox/engineer (fill in with appropriate title) to obtain such eoverage, the contract price shaIl be adjusted by the cost of the premium for such additionaI co�verage plus 1 Q%o. 2. Automobile Liabil.ity Insuzance Policy $1,000,000 each accident an a combined single liu�aait basis or $25D,OOQ PropertyDamage $500,400 Bodily Injury per person per nccurrence A commercial business policy shall provide coverage an "Any Auto", defined as autas owned, hired and non- owned. 3. Workers' Cornpensation Insuxance Pvlicy Statutory lrmits Exnployer's liability $ lOQ,00D �aci� acciden#/o_ccuzrence $104,�00 Disease - per each employee $500,000 Disease - policy limit This co�erage rnay be written as follows: Workers' Compensatian and Employars' Liability coverage with limits consistent with siatutory benefits outlined in the Texas wozkers' Compensation Act (Art. $3Q8 -- 1.01 et seq. Tex. Rev: Ci�. Stat.} and m;n;mum policy limits for Employers' Liability of $ I00,000 each accidendoccurrence, $504,OQD bodily injury disease policy limit and $100,OQ0 per disease per employee pther Lines of Ynsarance Other lines of insuranc� cavarage, which may b� applioable to a coniract, could include one or more of the insurance types listcd below. The insurance type is not an. aIl-inclusi�e list. EIL and Professional Liahility L'uruts are men�ioned because they are fraquently required. � 1. Environ�r►ental Impairment Liability (EIL) &/or Pollution Liabiliiy $2,ODO,OOD to $5,0�0,000 per occurrence $S,ODQ,040 ta � 10,000,000aggregate Ins. Requirements Re�ised August Z002 2, Pxofessinnal Liability The minin�um insurance requirement for this line af coveiage should be sufficient enough to coverage the completed operations of the construcfion project. The Texas Statute af Repase, §§ 160$-9, of #he Texas Civil Practice and Remedies Code, requires a claimant tn hring suit for a defective or unsafe condition oi an improvement fo xeal property or eq�ipmen# attached to real property, or defieiency in the cons#ructian or repair of an impravement to the properiy within 10 yeazs of substantial conipletion. The statute applies ta proparty damage, bodily injury, wrongful death, connibution, or indemnity. Ex-rors 8i Onussions co�erage is an integral part of ttae Professional Liability policy. The coverage protects the insured against liability (fmancial loss) should an error or an amissiori occur in the perforrnance of his professional duties Professio�zal L'zability linvts should be consistent with other requireznents. The zecoznmended zninimum,should be no less #han: � � $1,�00,000 per vecurrence $2,000,000 aggregate Policies, are to be written. on an oocuzzence basis nr �+iil provide a mial.ia��u�a of a five (S} yeaz ta�l crar�ezaae for policies «ritten �on a ci�ims n�ade basis. Subcantractors policies should fallow the same minimunz requiren-►ents as described abave, � 3. Excess Liability 4. Liquor Liability � 5. Gazage Liability 6. Garagc-keepers Liability 7. Builders' ltisk 8. Lessee/Tenazit User of City Owned Facilities 9. Miscellaneous Co�erage and FloaterslRiders BOI�IDS Fide�ity Bond - for honest� and faithful performance of duties and for acts of dishonesty Surety Bond — Gnarantees the performance of another Performance Bond -- Guazante�s the work to completi�n GENERAL REQUIREMETNS &lor PQLICY REQUIItEMENTS The Cify of Fort Woxth, its 4iiicers, Employees and Volunteers shall be named as an Additional Insured. Exception... tlie additional insured status does nnt appIy to Workers' Compensation polici�s • Forty-five (45) days nofice af cancellation or nan-renewal. It would be advantages to the City to �equire the foltowing clause: : "Tt�is insurance shall not be canceled, lunited in scnpe or coverage, cancelled or non-renewed, until aftar forty-five (45} days�prior written notice has been gzven ta tb.a City of Fart Worth. � � Wavzaz of zights of recovery (subrogation} in favor of the City of Fort Worth, Ins. Requirements_ Revised August 2Q02 g The insurers for aJ.l policies must be licensed/appzo�ed ta da business in the State of Texas. Except for workers' compexzsation, all insuzers must have a minimum rating af A: VII in the current A. M. Best Key Rating Gnide oz have re�tsonably equivalent financial strength and solvency to the satisfaction of RiskManagennent. If insurance policies are not writtem for specified co�erage limits, an Uznbrella or Excess Liabiiity insuzance for any d'zffercnces is required. Excess Liability, shall �ollow form of the primary coverage. If caverage is undezwrittan on a c3aims-made basis, the retroactive date shall be cnincident with az prior to tk►e date of the contraetual a�xeament and the certi.ficate of insurance shall sfate that the coverage is claims-made and the retroaetiva d�te. The insuran.ce coverage�shall be maintained for the duration of the cantractual agreenaent and for five (5) yeaz�s following comgletion of the ser�+ice provided under the contractual agreement ar for the warranty period, whichever is longer. An annual cez#ificate af insurance submitted to the City shall evidence such insurance eovezage. � � The deductible nr self-insured retention (SIR} affecting required insurance coverage shall be acceptable to the Risk Manager of the Ci�y of Fort Worth in regards to asset value and stocichQlders' equity. In lieu of iraditional insurance, alternative coverage maintained through insurance poals ar risk retenrion groups must also be approved. � The City, at its sale disczetion, reserves the right to review the insurance zequirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent $y the City hased upon changes in statuiory law, courf decision or the claims �istory of the indus#ry as well as of the contracting party to tk�e City ofFart Worth. The City shall be required to provide pzior notice af ninety (days). • o The City shall be entitled, upon request and wi#hout expense, to receive copies af policies and endorsements thexeto and may make any reasonable requests for deletion or revision or modifications af particular palicy terms, conditions, limitatians, or exclusions except where policy pxavisions are established by Iaw or regulations binding apon either of party or the underwriter on any such policies. I�s. Requirements Revised August 2002 .. . . _ . . .._ : .. �. . ._ - - - -. ..... . . . . .._..---.. �.. _ . - - - .. __. . _ .. . ._. ..- - - ... _ .-�-� -�------..__ ..._......_._.__......�. � � � � . Cit,y o�1�'o�t $�orth, �'exas � . . .. . � . .: -. . ,� � . . : : � a�� r�d �. = � ��rQ -- �- - �r�r��'�.�t�� . . � _ . .� ,. � . .. . _ � . . _ _ . . DATE � REFER�NC� NllMBER ' LQG NAME � � • PAGE, � � � . 'f1181�1 � **G-13'�2� � � 06PROGRAM � ' . � 'I af 3 sus�ECT. � AGREEMENTS �AN� ORDINANCES,. ESTABL[SH1E�G THIRD .PARTY PLUMBING �� : � � iNSPECTION PROGRAM � � � �� . " � � � . � RECOMMENDATI�N: lt is.recommended that the City Cauncil:'. d 1. Autt�orize the Ci�y Manager to e�ter inta agreements with independent contractors for ihird party . � plumbing inspectors-#o pertorm plumbing inspections within the City of For� Worth; and . � �� 2.� Adop��the atiached ordinances which establish 10%� as the amQunt refa9ned for new construction - building permits to coWer the maximum amau�t payable for third party plumding inspectian s�rvices; and � � � 3.. Adopt the attached ordinances w�ich establish 9fl°/fl as ihe amount retained for ai! plumbing work permits, other tF�an new cons�ruction, to caver th� maximum amount. paya6f� far third party p�umb��g insp�ctio� services; and , � 4. Adopt the atta�i�ed appropriation ordinance increasirig estima�e� receip�s and appropriations in ihe �General Fur�d by $115,0�.�.� � , . � - �� . . � . � �. DISCUSSl�N: � � � � � � � �� On Marc}� 2, 1999 {M&C C-.'{2492}, fhe C�ty Cfluncil .adopted ardinance.am�ndrnents and.directed staff_. to impiement a. pragram allowing� third. pa�ty plan �review.and ins�ec#ion services tor the Building,�-.� Electrical,. Plumbing and Mechanical. Codes. This_ program_ was necessary #o ad�ress heavy demands_ �n building construcfiion inspections; problems with recr�iting .and retair�ir�g qualified City siaif, and to better meet the special expertise or expediied sc�edu�es "for various projects. At the time �of impfementaiion; the City was experiencing 3�°fo af all inspection r�ques�s no� being pertormed within'24 hours af the request, resultir�g in a decrease of produc�ivify,.cor�struction delays and increased costs:��-=_: The th9rd ��.arty program allowed cot�tractars � ar�dlar own�rs of projects to coRtract �directiy with �lan review or �nspection firms to pro�ide servic�s nvrmally deliWered by the Develo�ment Department.�� On �� May 25, '�998 (M&C.G-12vfi8}, the City Council auiharized a waiver of 9D°Io of�tt�e calculate� building,� electrical, pluimbi�g or mechanical fees for prajects �m�nage� by a third party firm. The coUection of... '10%_by the Ciiy was.dete�'mined as the amount_necessa .ry to co�e� staff costs in quality� control and_ . record generatior� or management.� � ' � � � _� On August '!fi, 20�D,�t�e Texas Sfate Board of Plum�ing Examiners (Baard} inquired �r�to Fort Wor�h's�.:�. �hird party p�ogram _fo dete�mine if the program was upt�olding the State Plum�ing Licsnse Law andA �� Board's rules. Ir� partic�alar, the Board had �uestion� -regarding� the empioyment relatior��hip �betinreen the� City and #he third party piumbing �inspector and the = methotl � af paymen� for thiose services.-�� 5ubsequent replies �and communications with the Board resulted in ihe Board Administrator �uling that . the Fort Wo�th #�ird party plum�ing IC15�EC�i0i1 process was riot meeting the requirements of'the P��mbing License Law or th� Boarci's rutes. The �matter was farwarded to tt�e Board's Enforcement , Commifte� for considera�ion on Septemb�r 28, 20Q0. � � , .. .. .. � , . ... . ...._.. _. .- -� -_. -. ._.._. -- - � ----.-.-_..-�--�--..__._.. .._.__ _. _. _ +.._,- -- ----�-�-� . . . . . . ... _ �ity of '.�'o�t .1�'or�li, T "exas . -. .. . . . � . �._... �- �� r� �� - ��::� .. ��t�.��r� . . � _ � _ .... . �AT� . REF�F��NC� NUMB�K LOG NAME . .. . ... . . PAG�. -. . . ,- . 'f1161p� �*�tr�3�2�' � . Q6PRQGRAM � ' 3 of 3 suB.�Ec-r . AGREEMENTS ANt7 ORDINANCES ESTABLISHING THIRD PARTY PLUMBlNG INSPECTION PROGRAM � � ' � . � � . �� Fa�orable consi�eration by the City Councii for the #hird party piurribing inspect`ion program, and structtare wiE1 authorize staff to implem��t the program an February v, 200'I. 1t sho�ld be nated that staff has been warking wifh the Safety �r�d Community Development Commi#tee to c�ange the str�cture and amounts af�buildiri� permits.. Changes af fees and the percent waiver for third party inspection services will be recomm�nded in the r�ear future. Ai that time, the attached ordinances wiEE need to be amended appTopriately. F15CAL INF�RMATIONICEF�TI�ICAT�ON: . � The �inance Directar certifies that .upor� a�proval of �he a�ove t��commendations, funds wil� be available, as appropriated, ir� �he General Fund: . . MG:k � Submitted �or City Manager's Oifice by: Mike Groomer � Originatiag Department Head: Bob Riley . � � 6144 FUND � ACCOUNT I (to} C�Nx�R AMOUNT � CITY S�CRETARY � �=--� - - -- ��P�DV�D � . -_-_� -: . �fTY COU�i��l�... � . JAN _ �.s,. - .zanr � . �.s� ��'�, . I Ciayof��w i},f er^a .� 84fl 1 (irom) Additioaai Information Contact: $ob Riley 8902 Adopted ard;r�ance Nfl, f `-� � - -- ' .. _ _�. i� �.�-� . ��apt�d Or��anc� �oA �/�� ...._.� City of ' Fo�t Wo�th� T'e�cas L -_ _� _� � �� o�`��t�o� DATE 111 �101 SU B,] ECT REFERENCE NUMBER LOG I�[AME **Ga13� ��' AGREEMENTS AND �RDINANCES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PROGRAM 06PROGRAM !'AG� 1 of 3 RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to enter into agreements with independent contractors for third par#y plum�aing inspectors ta perform plumbin� inspections within #he City of Fort Worth; and 2. Adop# the attached ordinances which esta�lish 1Q% as the amount retained for new construction building permits to co�er the max9mum amoun# payable far third party plumbing inspection services; and 3. Adopt the attached ardinances which establish 90% as the amount refiained frar all plumbing war�C permits, other than new construction, to co�er the maximum amoun# payable for third pariy plumbing inspection serr►ic�s; and 4. Adopt the attached appropriatian ordinance increasing esfimated receipts and appropriations in the General Fund by $115,aao. DISCUSSION: Qn March 2, 1999 (M&C G-12492), the City Cauncil adopted ordinance amendments and cJirected staff to impfement a program allowing third party plan re�iew and inspect�on services for the Building, Electrical, Plumbing and Mechanical Codes, This program was necessary� to address heavy demands in building construction inspections, prablems with recruiting and retair�ing qualifEed City staff, and to better meet the special expertise or expedited schedules for various projects. At the time of implementation, the City was experienc'rng 30% of a[I inspec#ion requests not being performed within 24 hours of the request, resufting in a decr�as� of praductiuity, construction delays and increased casts. The third party program allawed contrac#ors and/or owners of projects fio contract directly with plan re�ievv or inspectian firms ta pro�ide ser�ices normally deli�ered by the Development Department. On May 25, 1999 {M&C G-12568), the City Coun�il au#horized a wai��r of 90% ofi the calculat�d bui�ding, electr�cal, p[umbing or mechanical fees for projects managed by a third pa�ty firm. The collection af 1Q% by the City was determined as the amount necessary ta caver staff easts in quality control and recard generation ar management. On August 16, 2000, the Texas 5tate Board af Plumbing Examiners (Board) inquired into Fort Worth's third party program to determine if ti�e pragram was upholding the State Plum6ing License Law and Boa�'d's rules. In particular, #he Baard had questions regarding the employment relationship betw�en the City and the third party plumbing inspector and the method of payment for thase services. 5ubsequent replies and communications with the Board resulted in the Board Admiriistra#ar ru[ing that the Fort Warth third party plumbing inspection process was not meeting the requirements of the Plumbing License Law or the Board's rules. The matter was forwarded fio the Board's Enforcement C'ity of Fort T�orth9 Teac�s ��y�r a�.�l �our��s�� o�� DATE 11161D 1 SCIBJ�CT REFERENCE {VlJM6ER LOG NAME *�G�� 3� �� AGREEMENTS AND �RDINANCES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PR�GRAM OBPROGRAM PAGE 2of3 Cammittee far consideration on September 28, 2Q00. City sta�ff attended the Enforcement Committee meeting in 5eptember 2000, and it was determined that a contractual agreement similar to those with other jurisdictions might address the Board's concerns of employment and compensatian. A draft agreement betw�en t�e City and individual plumbing inspectors was submitted #o the Board on November S, 2000, and discussed at their No�remher 13, 20a0 meeting. Following the hearing, the Board's aftarney relayed tfl the City that minor changes to the agreement would make the contract acceptable to the Board. A revis�d agreement was submi#ted to the Board on December 8, 2D00. The pro�osed agre�ment makes each third party plumbin� inspector an independent contractor af the City and restructures the method ofi paymenfi for those inspection services. The City will callect, at the time of pe�mitfing issuance, a percentage of the total building permit for the plumbing portiort of a Projec#. Upan comp[etion of plumbing inspections by the third party inspectar and �nr�oicing af those ser�ices, the City will issue payment for the services rendered. On �ecember 22, 200Q, the Board Administrator communicated that the Board's Enforcement Cammittee, Baard staff and the Board's aftorney had r�vi�w�d the P[umbing Inspe�tion Agreern�nt submitted on December 8, 2a00. The Board's attorney ad�ised the Baard that under the revised agreemer�t, t�e relationship between the Licensed Plumbing lnspectors and the City of Fart Worth, alang with the methad for campensafing the Licensed P{umbing Inspectors, does not violate the Plumbing License Law ar Board ruies. In order ta begin implementation of the restructured third party plumbing inspection program, it is necessary �a authorize the City Manag�r to ent�r into agreem�nts wifh each fihird party plumbing inspector as independent cantraciors. A copy of the proposed Plumbing Inspection Agreement is attached. Addifionally, it is p�oposed ta wi�hhald 10% af afl �uilding permit fees fior related pfumbing inspectian services for each new construction praject. In the case of remodeling prajects or jobs with only plumbing wor{�, the City wifl collect the entire plumbing permit fee of which 90% wi11 be returned as payment for inspectian services. These collections will equal fhe maximum amount payable to the third party plumbing inspactor �or services rendered. It is estimated that for th� remainder ofi the fiscal year, collection for the new construction projects would be $105,000, and collections for the plumbing permit only projects would be $14,000. Attached are the necessary ordinance amendments to facifitate this collection. �n arder to manage the collections, inrroicing and issuance of payments for the third party plumbing inspectian program, it is estimated tha# one additional autharized position and associated affice supplies and equipment will be needed. The annual impact on the General Fund budget is estimated to be $43,000. The present implementation of this program will be handled as an overage and mare �'ity of Fort Wo��h9 T'exas �� n� Co�� DATE REF�RENC� I�lUMBER LQG NAM� PAGE 1116101 **�� 31 ��' 06PR�GRAM 3 of 3 sus:r�cY AGREEMENTS AND ORDINANCES ESTABLISHfNG THIRD PARTY PLIJMBING INSPECTIO[� PROGRAM cEearly identified in the propased FY2001-2002 General Fund budget once actual impact can be determined. Favorable consideration by the City Council for the third party plum�ing inspec#ion program ar�d structure will authorize staff tn implement the pragram on February 5, 2Q�1. ft should be noted that staff has been warking with the Safety and Commur�ity Development Committee to change the structure and amaunts of building permits. Changes of f�es and the percent wai�er for third party inspect'ran services will be recammended in the near future. At that time, the attached ardinances will ne�d ta be amended apprapriately. F15CAL INFORMATIONICERTIFICATION: The F�nance Director certifies fhat upon approval of the abo�e recommendations, funds wili be avai[able, as appropria#ed, in the General Fund. Co ��i��o� MG:[c $ubmitted for City lVIanager's ofr�e ny: I'�� I ACCOUNT I CENTER I AMOUNT � �to} GTTY SECRETARY Mike Groomer OriginaEing Department Head: Bob Riley Additiaaal Tnformation Cont�ct: 6140 8901 (from) Bab Riley &901 � I APPROVED 1-16-01 � ORAINANC� NO.1A�48S I ORDINANCE NO. 144$6 i ORDINANCE NO. 1448'7 � ORDINA,NCE NO.1�t488 I ORDINANCE N0.14484