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Home My WebLink AboutContract 28464�i�� c�n��c� � . �_�� CrTY OF FORT WORTH PLUiViB�l�dG ZNSPECT�OI�T AGREEN�ENT ��`� �3 This Agreement rnade this /� day of , yA6�'between the City af Fort Worth {hereinafter re�erred to as tk�e "City"}, and �r� �_��`G � , (hereixzafter re�erred to as the "Plumbing Inspector" . Izx cansidexation. af �lie mutual promises coniained in tbis Agreement, the parties agree as follows: RECITALS The City of Fort Worth is a home zule municipal coxparation of the State of Texas,located within Tarrant and Denton Counties, Texas. The City desires ta retain a Plumbing �nspector to provide t�e Services as set out in Exhibit, "A" which is attached hereto and made a part hereof for all purposes, being h�reina�er referred to as the "Servzces". The Pluznbi�g Inspector agrees to perform the ser�vices as set out in Exhibit "A". AGREEII�IENT Tbe City and Plumbing Inspector, for and in considera�ion o� ihe mutual covenants herein, set forth agree as fallows: It is agreed that thE City retains the Plumbing Inspector to provide ihe �ervi.ces as set out in Exhibit "A", subject to the terms, conditians, and stipulations under this Agreement. COMPE�TSATION For and in consideration of the Services rendered by the Plnmbing Inspectar, the City shall pay and the Plumbing Inspector sh�ll receive the fees set forth in ��ihit "A" attached hereto and incorparated herein by reference. Plumbing Inspector shall not accept any compensation or anything of value fram any cantractor or owner whose work is being inspected by the Plumbing Tz�spector. � PROFESSIONAL RESpONSIBILITIES Plumbing Inspector agrees to perform said Services expeditiausly, on request of tl�e City, in accordance wiih sound and gsnerally accepted inspection principals and standards, to check for co�pliance with the applicable City of Fort Worth Code or Codes. When requ�sied by t.�e City, the Plumbing Inspector shall {1) canduct on-siie inspections for Coc�e compliance, and (2) pravide review of plars� plat�,._ do��zr�ents, designs, davelopments, reports, studies, surveys, data, etc. prepared �y:�n�;�s�ns oT �tirfi�x , ', ' I� other than the Plumbing Inspector and submiited to the Plumbing Insp�ctor by the Cit}+, and (3) provide :input, comments, and/or recomrnendations and such response deemed appropriate by the i'lumbing Inspector to assist the City in Code complianc�. All docurnents which come into the possession of Plumbing Znspectoz� are and shall remaan i�ae praperty of the City, shall be maintainad at the City Hall, 1000 Throckmorton Street, and are public records, subj ect �o determinatian by the City nthe;twisE. CITY REV�EW Plurnbing Inspector agrees and understands that City officials may, at their discretxon, make periodic site �isits to review, inspect and duplicate any inspections perfoz�med by the Plumbing Inspector in order to insure a quality contral af perfoxmance. The city official shall maintain full interpretation auihority of a11 affected codes �s well as the�authority to require conrecfions, including, but not lirnit�d to, notic�s and/or stop wark orders. P'lumbing In.spector understands that, upon complefiion of all building prajects, the City o.fficial will p�rform a final inspection prior to ihe issuance of a certificate of occupancy. TERNIINATION This Agreeinent may be terminated by eifiher party fox any reason by giving two (2} days written notic�. The City reserves the right ta suspend ar 5top services imri�ediately. AMENDMENTS TO AGREEMENT Any amendment to this A�reement must be in writing and signed by the Plumbing Inspeetox and the City Manager of the City. NON-EXCLUSIVE AGREEMENT �t is understood and agreed that retention of the Plumbing Inspector by the City to perform the Services, and for �he purposes stated in this Agreement, is not exclusive. ASSISTANTS The Plumbing Inspectar does not have the ri�ht to employ assistan�s or suh plumbing Inspectors to perfonn t�e Services withouf the advanced vvriften consent of the City Development Director. AlI assistants or sub plumbing inspectQrs shall be currently licensed plumbing inspectors. INDEMNIFICATION PLUMBING YN�FECTOR ASSUM�S T13E ENTIRE RESPONSIBILITY AND LIABII�ITY FDR ANY CLAIM OR ACTION BASED ON OR ARISING OUT OF INJURIES� INCLUDIHG DEATH� '�O P�RSON� OR iIAMAGES TO OR DES'�RUCTION OF PRC}1'ERTY, SUSTAIN�D OR ALL�GED � TO HAVE BE�1� SUSTAINED IN CONNECTION WITH OR TD HAVE ARISEN OUT OF UR INCIDEi�TAL TO THE P�R�'ORNIANCE OF THIS CONTRACT SY PLUM�ING INSPECT�Ra R�GARDLESS OF WHE'�HER SDCFI CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPOI� ALLEGED N�GLIG�NCE OF THE CITY OF FORT WORTH, ITS OF�IC�RS, AG�IVTS OR EMPLOYEESi OR TH� �MPLOYEES� AGENTS� INVITEES, OR LICENS��S THEREOF'. PLUMBI�IG INSP�CTOR FiTRTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH� ITS OFFICERS� AG�NT$ AND EMPLOY��S IN RESP�CT TO ANY SUCH MATTERS AS S�T OUT ABOV� AND AGREES TO DEFEND ANY C�.A,IM OR SUI'r DR ACTiOlY AT PLUMBING INSPECTOR'S OWN �XP�IVSE WHEN SUIT IS BROUGHT AGAINST 1'HE CITY O� FORT WORTH� IT5 OFFICERS� AGENTS OR �MPLOY��S� AND EMPLOYEE5� AGENTS� INViT�ES� A1VD LICENS�ES THEREOF. INSURANCE It is agreed between Plumbing Tnspectar and City of Fort Worth that Piurnbing Inspector will s�cure and fumish City with a certificate af general liability and auiomobile insurance � coverage in an amount specified by standard policies and procedures of the Risk Management Depa.rtment af the City during the term of tYus con.tract. Said policy is to include coverage for negligent. acts, errvrs, �1C� Offi1SS1p115 alii'� be mai.ntained in �arce far five years from date of certification or certification renewal. The City of Fort Worth shall be shown as an additional insured on said policies of insurazzce. FORCE MAJEURE The Plurnbing Ins�ector shall not be responsi.ble or izabie �'ar any loss, damage, ar delay caused by farce majeure which is beyond the control of the parties, which s1ia11 include riot, insurrectian, ernbarga, �ire or explosion, th� elements, act of God, epidemic, war, earthquake, flood, or the official act of any government. LEGAL CONSTRUCTION In case of any one ar more of the prnvisions contained an this Agreement shalt for any reason be.held to be invalid, illegal, or unenf'orceable in any respect, such invalidity, illegality, or unenforceability shall not affect any o�her provision. and tius Agreem�:nt shall be construed as if such invalid, illegal, or unenforceable pro�ision had never been contained in it. C�il•_��7�► !�Y i x.9 Plumhing Inspector hereby warranis that: Plumbing Tnspector has, cunrently in effect, ail necessary licenses to perf�rm ihe work, and Plum�ing Inspectar is qualified to perform the work as required by t�e City's Codes and the State of Texas; � a. All assistants or sub-plumbing inspecttirs employed by P�urnbing Inspector shall be currently licensed plumbing inspectors. c. AlI vvork is to be performed in a�rofessional and workmanIike manner; 3 d. The Plumbing Tnspec�or agrees to and represents that it will not in any �ashion discriminate in tl�e provision of Services against any person because of race, color, religion, national origi�n, sex, age, disability, political belief, sexual arientation or affiliation. INDEPENDENT CONTRACTOR It is the express agreement and understanding of the parties that Plumhing Inspectar is in all respects an indepe�.dent contraetor of the City. The relationship beiween the Plumbing Insp�ctor and ihe City is thafi of an in.depe�dent contractor. Neither party is an empSoyee, servant, or partner af the other, and neither has the right, authority, or power to direct, bind, ar abligate the other in any way, excepi within the context of this Agreement. The Ciry zs interest�d only in the results to be achieved, and the control of the work will lie solel� with Plumbing Inspector. Plumbing Inspector shall s�t its own ho�rs of work and the n�nber of hour� that it shall work to accoxnplish tiie purpases oF tY�is Agreernent. PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole supersed�s any priar understandings ar wri respecting this subj ect matter. and oniy agreement af the parties to it, and :ien or oral agreements between the parties TEXAS LAW TO APPLY This Agreement shall be construed under and in aecordance with the laws of the State of Texas, and all ohligations of the parties created under this Agreement are performable in Tarrant Caunty, Texas. Venue shall be in the state courts located in Tarrant County, Texas or the United States Diskric� Court for the Narthern District o� Texas, Fort Worth Division. PARTIE5 BOUND Thzs Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, exec�tars, admin.istrators, legal representatives, successars, and assxgns, MA�LING ADDRES�ES All natic�:s and communica�ions under this Agreexnent to be mailed o:r�deliv�;rec� ta xhe City shall be sent as follows: City of Fort Warth 1040 Thracl�riorton Street Fort Wortl�, Texas 76102 4 Attention: Development Directar Telepbone (817} 871-8901 All no�ices and communications under this Agreement to be mailed or delivered to the Plum�ing Inspectar and if applica�le, the corparation, association, partr�ership or any other non.-goven�mental entity that einploys sazd Plumbing Inspector shall be sent as follows, unless and until the City is otherwise notified: Plumbing Inspector: C.9► �' C?��r r' G � 4�� c2c��' r7.-_ F�►-,�Gi,-�, rx ��r.�i ��- ��'I-8oS'� Company: � �� ✓ prd'y'�SSiar.� �.�►'r/!''�� ¢�/% �l'G�iC7' 17r. �¢ ft10►'�7.�' ira �3i d'/7 � �'8/" ! �io Any notices and communications required to be given in wniting by one party ta the other shall be considered as having been gxven to the addressee on the date the notice or communication is p�aced in the United Sfates Mail. � Executed, in multiple counterparts, at Fort Worth, Te�as, on the day and year first above written, and each signed counterpart shall be treated as an original for all purpase5. ATTEST: � , .• _ �,� -�-�-�-'3 � - �� t �y, Gloria Pears , ity Secretary Approved as to �orm and legality: David Yett, City Attorney B . �-' �,�G�` S arah Ful]�iwider Assi�tant City Attorriey : �� 4 . CITY OF FORT WORTH I j ! A -. . � Ass�stant City Man�ger �y��, �_ _�� _.. _ (;ontra�� Authorixation � � �s� ..� -�. _ _. . �.�.�_.�__�_._.__._..�.. �� PLUMSING INSPECTOR �°� Name: �'r-�� r� r � Title: �/J 5�� C7�r � EXHIBIT "A" ATTACHED TQ AND MADE A PART QF AN INSPECTZON AND CODE COMPLIANCE SERVICES AGREEMENT A.1. Plumbing Inspector: (� rer..� �nr� Krr'C � Nanle � �� `� �rc-�i.� /��• Address �r� l�%ar-�� i' 7��3,� g�� S'S'/- 8`��S - Phone A.2 Scope of �ervices: Plumbing Inspection A.3 Frequency; As CalledlOn Request A.4 Compensatzon: Ten perceni (10%} of the City Council establish�d huilding permit fee. Payment is based an the campletion af the structure and.monthly in�oices su�mitted to the City for each indi�idual buildang perrnit. C � , _ , . ... ... . . . .. . � _.... . _ _....... _ _ .. . _� .. . . _..._ �.... . _. _. ,. ... - --- -- ._....__ ..... .... ..-�-----.. .. __.. _'. _. .. . _ _.... .----�-• • � ... � � . �`i.ty of'.�or� �o�h, �"exas . . . .: .. . � . . .: -.. . .. .� . � . : : � ��-� ��d._:. -� ��[... .... c�� . .�l.. . � . . �. . ... .. DATE . • R�FERENCE NUM6ER ' . ...., -LOG NAM� . . . . . . �- • - I�AG�. - � , . . 'f1161a'i � : - �*C�� 3� ��' I � 06PRO�RAM� '�. � 'i af 3 sus.�ECT. � AGREEMEJVTS �AND �R�INANCES.. ESTABLI5HING THIRD .PARTY PLUMBING� . �� : . � � WSPECTION PROGRAM , � � � � �� ' � RECOMMENDATION: li �s recommended that the City Gau�cil: '�. Authorize #he C�ty Manager to enter into agt�eements wit}� ind�pendent carttractors for third party . � pi�mbing ins�ectors�ta p�rfarm plumbing inspections witniri tne-City of Fort Worth; ar�d . -� 2. Adopt-the att�ched ordinances which establish 'I�% as the amount retained for new eonstruction � buiiding permits to cover t�e maxim�m amoun# payabie �or third party plumbing inspection services; and � - � � � 3. , Adopt the attached ordinances which estabiish 90°/n as t�e amou�t retained �or alI pl�mbing work permits, other than new construction, to cover tY�e maximum amount: �ayable for third party � � plumbing ins�ectian serv9ces; and . � . . � � � 4. A�o�t fhe aftached appropriation ordinance increasing estimated receipts and a�propriations in the . �General Fund by $115,00.0.� . . � . . �. � � � � � . • .. ❑15CUSSlON: . ... - . . . . . . . � . . .. On Marc� 2, '1999 (NA&C G-.12492), the City Councif _adopted ordina'nce.am�ndme�ts a�d,direc#ed staff_. to implement a.,program allowir�g third_ party. plan � rer�iew , and inspection . services �or #he Building, _-� . ..- --�. .... .... . .. ...� .....:...._... _..........__p._._.9-�-�------...-�--- �----�_.___ : . - � - - Electrical,. Plumbin and Mechanical Codes. This ro ram was necessa to address heavy demands in buiiding cons#ructian inspections; problems with recrui�ing .and retai�ing qual�'ified �City staff., and ta .�etter meet the special expertise or expedited schedules for variaus projecis. A# the time � o� .. imprtementatian� �he City was experiencing,3�% of al! inspeckion requests not being p�rformed within �24 hours of #he request,�resulting in�a decrease of productivity,.construction d�lays a�d increased costs:�-.:�: � The third �par�y program allowed confractors �andlar owners vf projecis to con#�act �directly wit� p1a�i review or inspectior� firms to provide servRces normally deli�ered by tY�e Developmeni Department,-� On �� May 2�; '1999 {M&C.G-��5G8}, the Ci#y Council autt�or�zed a wai�er of 90% of�ti�e calculated bu+ld9ng,� � eleckrical, pluinbing or mechanical fees �or projects m�naged by a third party firm. The coilection of. _. 10% by the City,was.determine� as th� amount n�cessary ta cov�r staff costs in_quality:control _and_ ._ -- -- -� -�- --.�_ ...--�--��-------- :---�-�-�----� . , record generatio�n or mar�agement. � � � ., On August 1 fi, 2004,'th� Texas Sta�e Board of Piumbing Examiners {Board) inquir�d into Fort Worth's �..� third_ party p�-ograrn to d�te�mine if :tFie p�ogram was upt�aldirig the 5tate Plumbing License Law and_ "� Board's rul�s, ln particuiar, the Board had qu�stion$ .r�garding t�e empioyment �relationship �between the � City an� t�e third party plumbing �irispectar and #he � met�otl � of payment for #iiose s�rvices:=�� Subsequent replies �and communications with th� Board resu�t�d in the Board Administrator ruling that . the For� Worfh third par�y plumbing inspe�tion process was riot meetir�g the re�uirements of � the Piumbing �,�cense Law nr� the Board's rules. The �matter was forwarded to the Board's E�forcement . Commiftee for consideratian on September 28, 20DQ. � �� I / ' ' ' _ ..� . . ..... . .. ._, ._ _..._.. _. ._ . . ... . . .. .. . .. � . . . . . �.. . . Cit,y of'�'ort.�'or^��i, �'exas . .. _� � � . . � . �. ,��-.-_. � .. � �� r�� 1�:: .. ��.��Yc�►�� . � �. . .� .. . _.. . DATE . REFERENC� NUMBER LOG NAME PAG�, � . •� q�� 610� . *��n� 3� �7 � � ' � 06PR�GRAM - ' 3 of 3 suB�Ecr . AGREEMENTS AND �RDINANCES ESTABLISHING THIRD PARTY PLUMSING � lNSPECTiON PROGRAM � � � � � �� ' Favorable consideration by the City Counci4 for the third party plumbing inspection program. �and structtire wili autharize staff to impfemeni the program on February �, 2U�1. � {t sF�ould be r�oted that staff has bean working with the 5afe#y �nd Cammunity Devetopmant Committ�� ta Ehange the structure and ama�nts of-buildirig permiis., .Ci�anges of fees and the percent waEver for� third party inspec�ion s�rvices will �� r.ecommended in the near future. At t'hat time, the attached � ordinances will need to be amended appropriately. � , FiSCAL INFORMATIDNICEFjTIFICATION: Th� Finance Director certifies that �t�on approval of tt�� above recammendations, f�nds wiil be � avai�able, as appropriated, in ih� General Fund: . � • MG;k � b � � .. Y ... - � � . Submitted far City Manager's Offce by� � Mike Gronmcr �� . . Originating Departrnent Head: Bob Ritey . W FUND ACCCii1NT CENTER � AMOCJNT (ia} • � 614Q ,I ' 8961 � (from) IAdditivna] �nfarmation Cvntact: � � ' r I � Ba6 Rilcy $901 � Adopted �rdi�iance.No. I`/�/8'S' ��vted Ord�r�anc� No. _./.��f�� CITY SECRE'I"ARY --�� - — -- ��V�Q . _�_ . _ . c�T� .cour�.cli.J: , �. JA�I_ �.6, �Dql �.... . , �.�.. ��, . - �City Sacxetarq o! the . � Cfty af Fart:Ycrch, `�axas �