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Home My WebLink AboutContract 28411CIT`Y ��C�E`�A�1� � �� [�i�ACT P�O n � � � C�TY QF FORT WORTH PLLTIVYBIl�TG I1�TSPECTI01� AGREENN�EEl�TT This Agreement made this � day of �:�',� , 2Q�, between the City of Fart War�h (hereinafter referred to as the "Cit}�'), and �.�. C-7��.v��,i�. /� ,(hereinafter referrad io as the "Plumbing Inspectar"}. � � In consideratfon of the rnutual promises contained in this Agreement, the parties agree as follows: RECITALS The City of Fo�rt Worth is a hame ruie municipal corporation of the State of Texas, Iocated within Tarrant and Den�on Counties, Texas. Tbe City desi�es to retain a Plumbing �sgector to provide �he Services as sat out in Exhibit, "A" which is attacl�ed here�o and made a part her�of for alI purposes, being hereinafter refexred to as the °`Services". � The Plumbing Inspector ag�'ees to perfozm the services as set out in Exhibit "A". AGREEMENT The City and Plumbing Inspector, far and i�t� consideration of the mutual covenants herein, set farth agree as follows: It is agreed that the City retain� the Plumbing Inspectar ta pravide �he Services as set out in E�bit "A", subject io the terzns, conditions, and sti�ulations under this Agreement. COMPENSATION For and in consideratian of the Sezvices rendered by the Plumbing Inspector, the City shall pay and the Plumbing Inspector shaIl receive the��ees set forth in Exhibit "A" attached hereto and incorporated herein by reference. Plumbing Inspector shall not accept any compensation or anything of value from any contractor or awner whose wark is being inspected by ihe Plumbing Tnspector. PROFESSIONAL RESPONSIBILITIE� Plumbing Tnspector agrees to perfaz-�za said Services expeditiously, on request of the City, in accordance with sound and generally accepted inspection principals azad standards, to check for compliance vwiih the applicabl� City af Fox�t Worth Code or Coc�es. When requested by the City, the P�um�ai�g �nspector sha11 (I) conduct on-site inspections for Code compliance, and {2) provide review of plans, plats, documents, designs, developments, reports, ShlC�i�S, �urveys, data, etc. prepared by pe��s�n�. or �:niiiie� other than th� Pluinbing Ins�ector and submitted to the Plurnbing Inspector by the City, and (3) provide input, comments, andlor recommendations and such response deemed appxopriate hy the Plumbing Inspector to assist the Ci�y in Code compliance. All docu.ments vvhich come into the possession of Plumbing Inspector are and shall rernain the prvperty of the City, shall be maintained at the City Hall, i000 Throckmorton Street, and are public records, subject to determination �y t�e City otherwise. CITY REV�EW Plumbing Inspectar agrees a�d understands that City ofFicials may, at their discretian, make p�;riQdic site visits to revieur, inspect and duplicat� any inspections performed by the Plumhing Inspectflr in order ta insure a quality control of performance. The city official shall maintain �ull interpretation authority of all affected codes as well as the authority to require corrections, including, but not limited to, notices andlar s�op work orders. Plumbing Inspector understands that, upon completion at` all building proj ecis, the City official will per�orm a final in�pecti�n prior to the issuance. oi a cerkificate of occupancy. TERMINATTON This Agireeinent may be termuiated by eit�.ez party far any .reason by giving two (2) days written notice. The City reserves the righ# to suspend ar stop services imrnediately.� AMENDIVIENTS TO AGREEMENT Any amendment to �his Agreement must be in writing and sigz�ed by ihe Plumbing T�pector and the Cifiy Manager o�' the City. 1�TON�EXCLUSIVE AGREEMENT It is understood anc3 ag,�reed thaf fetention of the Plumbing Tnspector by the City to per�ornx� the Services, and for the purposes stated in this Agreement, is nat exclusive. ASSISTANTS The Plur�abia�g Inspector does not have ihe right to empioy assistants or sub plumbing Inspectors to perform the Services without• the advancad written consent of the City Development Dir�ctar. All assistants ar sub plumbing inspectors shall be currently licensed �lumbing inspec�ors. INDEMNIFICATION PLUMBING INSPECTOR ASSUMES THE ENTIRE RESPDNSIBILITY AND LIA8ILITY FOR ANY CLAIM OR ACTION BASED ON OR ARISING OUT OF INJURIE5� INCLUDING DEATHa TO PER50N5 OR DAMAGES TO OR D�STRUC'1"I�N OF PROP�R'1`Y, SCISTAIN�D OR ALLEGED z � TO HAVE �E�N SUS`i'AIN�D IN COIYNECTION WITH OR TO HA.V� ARIS�+N OUT OF OR INCIDENTAL '�O THE PERFORMANCE OF TAIS COHTRACT BY PLUMBI1�iG INSPECTOR� REGARDL�SS OF WHETHER 5UCH CLATMS OR ACTIONS A.1�.E �'OUNDED IN WHOLE OR IN PART iTPON ALLEGED NEGLIG�NCE OF THE CITY O� FORT WORTH� ITS O�"�'iC�RS� AGENTS OR EMPLOI'EES, OR T1iE EMPLOYE�S, AGEI�TS, INVITEES, OR LICEN5EE5 THEREOF. ' PLUMBING �NSPECTOR FURTHER AGREES TO INDEMNT�'Y AND HOLD HA1tMI�ESS THE CITY OF FORT WORTH� ITS OFFICERS� AGENTS AND EMPLOYEES IN RESPECT TO ANY SUCH MATTERS AS SET OU'�' ABOV� AND AGREES TO DEF�ND ANY CLAIM OR SUIT DR ACTI�N AT PLUMBING TNSP�CTOR'S OWN EXPENSE WHEN SUIT XS SROUGHT AGAII�ST TH� CITY O�' FORT WORTH� ITS OFFICERS7 AGENTS OR EMPLOYEES� AND EMPLOYEES, AGENT3� INVITE�S, AN�I �.ICENS�ES THEREOF. INSURANCE It is agreed between Plumbing Inspector and City of Fort Worth that Plumbing �nspector will secu�'e and furnish City with a eertificate of general liability and automobile insurance coverage in an axnaunt specified by standard policies and procec�ures of the Risk Managemen� Departrnent of the Ciiry during fhe term of this contrac�. Said policy is to include coverage for negligent acts, errors, and omissians and be rnaintained in force for five years frorn date of certification or certification renewal. The City of Fort Wvrth shall be shown as az� additional insured on said policies of insurance. F�RCE MAJEURE The Plumbing Inspectar shall not be responsible or liable for any lass, damage, ar delay caused by force majeure which is beyand the controi of the parties, which shall include r�ot, insurrection, embargo, fire or explasion, the ele�ents, .act of Gad, �pidemic, v�+ar, earthquake, flood, or ihe official act of any government. LEGAL CONSTRUCTION �In case af any one or more of the pravisions contained in this Agreement sha1.l:Eaz any reason be held to he invalid, iliegal, or unenforceable in any respect, such invalidity, illegality, ox unenforceability shall not affect any other provision and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contain�d in it. WARRANTIES Plumhing rnspector hereby warran#s that: Plunibing Inspector has, currently in effec#, all necessary licenses to perf�rm the work, and Plumbi�g Inspectar is qualified to perfor�n the work aS required by the City's Codes and the State of Texas; � a. All &5515tr'�11�5 or sub-plumbing in.spectors employed by Plumbing Jxzspecior shall be currently lieensed plumbing inspectors. c. AIl work is to be perfarmed in a prafessianal and workmanlike manner; 3 � d. The Plum.bXng InspEctar agrees �o and represents that it will nat in any fashion discrirninate in the provision of Services against any person because of race, calor, religion, naiional origin, sex, age, disabaiiity, poliiical belief, sexual orientatian ar aifiliation. �NDEPENDENT CONTRACTOR It is tl�e express agreement and understanding of the parties ihat Plumbing Inspector is in all respects an independ�nt contractor of the City. The relationship between the Plumbing J_nspector and ihe City is that of an independent contractor. Neither party is an employee, servant, or partner of the other, and neither ha.s the right, authority, ar power to direct, bind, ar abligate the ather in any way, except within the context of this Agreement. The Gity �is interested only in the resulis to be achieved, and the control of the work will Iie solely wifh Plumbing Inspector. Plumbizzg Tnspectoz' sha11 set its own hours of work and the number of haurs �hat it shall work to accamplish the purposes of tkus Agreement. � PRIOR AGREEMENTS Si7PERSEDED This Agz�eement cons�itutes ,ihe sole and only agreement of the parties to it, and supersedes any prior understandings or written ar oral agreements hetween the parties respecting this subject matter. TEXAS LAW TO APPLY This Agreement shall be construed under and in accordance with the lavws of the State of Texas; and ail obligations oi the parties created under this Agreement are performable in Tarrant County, Texas. Venue shall be in the state courts located in Tarrant County, Texas or the United �tates District Court for the Northenrz Distriot af Texas, Fort Worth Division. PARTIE� SOUND This Agt'eement shall be binding on and inure to the benefii of the parties to it and their respective heirs, executors, admi.z�.is�tx�atoz's, legai representatives, successars, and ass�g�s. MAILING ADDRESSES All notices and communications under this Agreennent to be mailed or deli��red to the City sha11 be sent as follows: Cifiy of Fort Worth 1 D00 Thrackmorton Street Fort Worth, T�xas 76102 0 � Attentian: Develapment Director Tel�phane (817} $71-890� All notices and communications under this Agreement to be mailed or deli�ered to the Plurnbing Tnspector and if applicable, the corporation, association, partnership ar anyothez' non-governmental entity that employs said Plumbing Insp�ctor shall be sent as follows, unless and until the City is otherwise notified: Plumbing Inspector: � � . �j d �.Ca,�lcf� �l9 I `% C� �G � I � _�Js� ��' �r� 6��} � �Y'. 9d � 3 7 ��-��r-`� �7� - - Campany: • 1.v�G` �'�.�2 !��'��'.�s:�,�/�� '� �� S" �/`7 t�+2 e,,�¢ i0 �. �`7 = �✓fl�� ,-�'-� `� � r�� - ��6�.� Any nofic�s and coxnxnunications required to be gi�en i� writing by one party to the other shall be cansidered as ha�ring been given to ihe addressee on th� da�e the notice or cammunication is placed in the United Stafes Mail. Executed, iit� multiple counterparts, ai Fort Worth, Texas, on the day and year first above written, and each signed counierpart shall be treated as an ariginal %r all pur}�oses. AT'�',�ST: '* { , � ��A .' ' 1U1u.._ �L17 �- G�Ioria Pear�n, City Secretary r Appraved as to form and legality: David Yett, City Atiorney BY� � ��.� /�� Sarah Fullenwider � Assistant City Attorney CITY OF FORT WORTH y � � _ , , �f _ Assistazzt Cifiy Manager � � � � �� =�a ��r�� ka��i��on + _ ��=---�_- -- - �� PL�TMSING INSPECTOR �. �� Name: � 1. C' � � ��2>cz �J Title: !u/5��:� ,_ �=�� _ - , - ,-,z. 5 , � �� ,� EXHTBIT "A" /;.�il A.2 A.3 A.4 ATTACHED TO AND MADE A PART OF AN INSPECTION AND CODE COMPLTANCE SERVICES AGREEMENT Plumbing Inspector: ,�.�- r�'��iJ� � �'d Na�ne Gfi`!7 p;,p�l� � 1� ��► Address ,� w�� -� ��1�� i�- �'�� r�,� � � Phone Scope of Services: P1uYnbing Inspection Frequency: As Called/On Request Compensa�ion: Ten percent (10°/n) of the City Council established building }aenmit fee. Payment is based on the completion of the structure and monthly invoices submitted to the City for each individual building permit. � RISK MANAGEMENT RECOMIVIENDATIONS . �4R INSURANCE REQUIREMENTS Bgsic requirements ar limits �of insura�ce coyerage are listed balow. Limi�ts of coverage depend on several fac#ors including but not limited to risk �xposure in regards to respective services, products procured, or cantractuaI terms, to name a few. Statutary Luruts of Wozlcers' Campensatian is applicable for all public pzajects, Coverage limits are the recvmmendati�on of Riskc Management. There aze exceptions and departments are ulti�rnately xesponsible for settiz�g contzact limits. 1. Cozzunercial General Liability {CGL} Insurance Policy $1,000,000 eack� occurrence , $2;OOO,D00 aggregate Iimit Cavarage shall include but not be limai#ed to the follawing: pzemises opezations, independent con�actnrs, praductslaoznpleted operafions, (inciude explosion/collApse/undergrauiid propezty if applicab.fe), pczsonal 'uajury, and cantractual liabiiity. Insuzance shall be pror+ided on an occurrence basis, be as comprehensive as the current Insurance Services Of�ice (ISO) poliey. {Sudden poIhltian cnverage may no# be.exchided by eildorsert�ent. Incl�id� as a requirerneni of the iine oi endorsenieni thai you da not rxrank exclud�d. D�terrnined by a revie�� nf tl�e risk exposures) All endarsed exclusiazis a�re subjeet.ta review of the City in ozder to determine if the exciusions are acceptable. In the event the exclusions are unacceptable and tlie City desires the coniractor/engineer {fil� in wit� appropriate title) to obtain such covezage, the contract price shali be adjusted by the cast of the premium for �such addi�ional coverage pius 10%. 2. Automobile Liability Insuzance Policy $1,000,000 each accident on a combined single limit basis or . � �250,004 Progerty Damage $S�O,dOa Bodily TaJury per person per occurrence . � A commercial business policy shall provida covezage on "�y Auto", defimed as autos owned, hired and non- owned. Workers' Cnmpensation Insurance Policy Statutory ]�zni.ts Emplayer's iiability $100,000 Each accident/occurrence $100,000 Disease - per �ach employee� . $500,Q00 Disesse - policy lirnit •This coverage may he written as follows: Warkers' Compensation and Employers' Liability cavczage with linaits cazzsistent wzth statutory benefits outIined in the Texas workers' Compensation Act (Art. $348 — 1.D1 et seq. Tex. Rev. Civ. Stat.) and zninimum policy limits for Employers' L'zability of $lOQ,000 each accident/occurrence, $SOO,DDD bodily injury disease poliay limit and $IQ0,000 per disease ger employee � Other Lines of Insurance Other lines of insurance coverage,, which may be applicable to a contract, could include one or mare af the ins�uance types listed below. The insurance type is mot an all-inclusi�e list. ET�, and Frofessional Liability limits are m�ntioned because they are frequently required. � 1. Environmentai Impairnaent Liability (EIL) &lor Pollution Liability $2,a00,Q00 ko $5,Q00,000 per occurrence $S,flOQ,004 to $10,000,000aggregate Ins. Requirements Revis�d August 2002 2. Profesaional Liability The minimum insurance require�ment for this Iine of coverage should be suf�'icient enougb ta cavezage the compieted operatinns of the consfi�ction prajec#. Tke Texas Stattzte of Repose, §§ 1608-9, of the Texas Civil Practica and Remedies Code, requires a claiman# to bzing suit for a dafective or unsafe candition of an impro�ernent ta real property or equipn�.ent attacbed to real property, or deiiciency in the eonstruction ox repait af an improvement to ihe pioperty vsrithsn 10 years of substantial completzvn. The statutc applies to progerty daxnage, bodily injury, wrongful death, coz�#ributian, or indemnity. Errors & Omissiflns coverage is an iz►tegcal part of the PrafessionaI Liability policy. The coverage pratects the insnred against liability (financial loss} shauld an error or an amission occur in the perforinance of his professiona! duties Professional Liability limits should be consistent wiih ot4ier requirements. The reco�nended minimum shouid be no less than: � � $1,000,000 per oceurrence $2,OOO,Q00 aggregate Policies, ara to be written on an occurrer�ce basis or v��ill provide a m.uumuii� of a five (5) year. tail covera�e for policias �vritten �on n claims made liasis. 5ubcontractors poIicies should fallow the sarne minr'mum requirements as described above. 3. Excess Liability 4. Liqnor Liabi�ity � S. Garage i.iability 6. Garage-keepers �iabili.ty 7. Builders' Risk 8. Lessee/Tenant User af City Owned Facilities 9. MiscelIaneous Coverage and FioaterslRiders BONDS Fidelity avnd -£or hanesty and faithful perforn�ance of duties and for acts of dishonesty Surety Band — Guarantees the perfnrmance of ano#her Perfozmance Bond -- Guarantees the woric to carnpletion GENERAL REQUiREMETNS &lor POLICY REQUIItEMENTS � The City of Fort Wvrth, its Officers, Employees and Voluntears sha11 be named as an Additional Insurad. Exceptian..: the additional insured status does not apply to Workers' Compensation palicies o Forty-five (45) days notice of cancellation or nom-renewal. It wvuld be advantages to the City to require the following clause; ; "This insuarance shall not be canceled, limited in scope or coverage, cancellad or non-renewed, until after forty-five (45} days priaz written notice has been given to the City of Fort Worth. � � � Waviex af rigbks af recovery (subrogation) in favar of the City of Fart Warth. Ins. Requizements R�vised August 2002 o The insurers for alI policies must be Iicensed/approved to do business iz� the State of Texas. �xcept for workers' compensation, all insurers must have a minimum ratin.g of A: VII in the current A. M. Best Key Rating Guide or ha�e reasoz�ably equivalen�t iinancial sirength an� solvency to th.e satisfaction of Risk Management. If` insurance policies aia not written for specified coveTage lunits, an Umbrella or Excess I.iability insurance for any differences is required. Excess Laability shall;follpw forn� of the primary coverage. Tf coverage is underwritten on a claitns-�de basis, the retroactive date shall be caineident with or prioz to the date of the contractua! agreement and the certificate of insuxance shall state that the coverage is claims-nnade and the retroactive date. The znsurance coverage s�all be maintained for khe duration of the contractual agreement and far fi�e (5) years fallowing cornpletion af the service, pzovidad under t�e contracival agreement ar for the warranty period, whichever is langer. An a�nual eertiFicate of insurance submitted to the City shall evidence such insurance coverage. ' � The deductible or seIf-insured ratention (SIR) affecting required insurance coverage shall be acceptable to the Risk . Mauager of the City of Fort Worth in regards to asset value and stockholders' equity. In lisu of traditional insuzance, alternari�e coverage ma�intained through insuirance poqls or risk ratention groups must also he appxoved. � The' City, at its sole discretion, reserves the right to re�iew the insurance requirements and to ,make reasonable adjustments to iaasurance c�verages and their liraits when deemed necessary and prudent lay the City based upon changes in statutory law, court deciszon ar ttie claiins histary of the industry as weil as of the contracting party ta the C'sty of Fart Worth. The City shall be required to provide prior norice of ninety (days). � The City shall he entitled, upan �res�uest and withaut expense, to receive cvpiea of policies and endo�sements tlnereto and may make any reasonable requests for deletion or re�isinn or modifications vf particuIar policy tenms, conditions, limitations, or axclusions except vvhere policy pzovisions are established by law or regulatians bir�ding upon either of party ar the undarwriter on any such poficies. Ins. Re�uirements Re�ised Augusk 2002 ., _ . .. . . . ... : . _. ._ . . .. - --. .- - - .. . _ _ ...-�---�-'-.... .---�-- - -�- - - ,.. . - - � �-- � � _ �l� O. f .�DY� �41'tIZ j T B.7�LlS . _ . . �: .." � . ":. �� . . .. . �, � . . : :: �� _-, �,�►�n,��...��.��r� . DATE � R�FER�NCE Nl1MBER � LUV NAME . ' � � PAGE� � � . � � 'i116101 . '��'�� 7 � � 06PROGRAM � . 'i of 3 su�JECT. �� AGREEMENTS �AND DRDINANCES.. ESTABLISHIh1G TH1RD .PARTY PLUMBING . ��- : � _ � INSPECTION PROGRAM , ' = . � � ' . - REC�MMENDATION: � . . It �s recomme�ded that the City Council: 'f. Authorize #he C�ty [Vlanager ta enter i�ta agreemer�ts with indepe�dent coniracta�s for ihird party � qlumbing ins�ectors�to �erform plumbing inspections with9ri t�e Cit�+ of For� Workh; and . �� 2. Adopt-the attached ordinances which establist� 40°/n as the amount retained for new cons#ruction building permits to cover ti�e maximum amou�t-payable fot t�lyd party pium�bing �nspection s�rvices; and � 3. �1�opt the attached ardinanc�s which estat�iish 9�% as the amount retained far. a11 plumbing work � permits, o�her than new construction, #o cove� the maximum amount: paya�fe for third party plumbing inspection services; and , � 4. Ado�t the atia�h�d appropriation ordinance increasing estimated receipts and apprapriations in the . General Fun� �y $1 � S,OOD. . . � . �. �, � � .� , ' . . � . . . � . D15CU5S10N: Or� Mar�h 2, '1999 (M&C G�'12492}, the City CounciZ.adopfed ordinarice,am�ndmer�ts and.directed staff_. to implement a_.program allawi�g third. party.plan review,and inspection services for the B�ildir�g,�_.� Elecirical,.Plumb9ng and.Mechanical._.Codes,.._This_pro.gram was.necessary_to.ad�ress heavy demands_ in bi.yilding construction inspections; probiems with recru,iting .and retaining quafified City staff., arid to �etter. meet the special exper�ise or expedEted schedufes for various prajec�s. At t}�e time �of .. impleme�tation} the City was experiencing 3�% of all inspection requests not being perFormed within �24 hours of ihe r�quest, �esulting in�a decrease of prodt�c#ivity,.construction delays and increased costs.�=�-==: The third 'pa�ty �ragram aIlowed con�ractors �andlar owners of projects to contract dire�t�y wi#n pta�i - review or inspection firms ta �ravid� services riormaily deiivered by the De�relopment Department.-� Dn, May 2�, '1999 (M&C.G-1�b68}, t�e City Counci� auti�orized a� waiver of 9D% of tt�e calcula#e� building, electrical, plumbing or meci�anica! fees for projects m�naged by a third party firm. The coi�ect�on of... 1 p%_i�y the Ci#y was .determi�ed as the amot�n� necessary_ to cover staf� costs in q�ality controi :and� -- -. ..._. _. _-- �- -� -----------�-- :-� -----�-�---�- � �._._.. ��record generation or manag�.ment. � � �� .' On August 16, 20�O,�the Texas State Board of Plumbing Examiners �Board) inquired into Fort Worth's _� � third_ par�y program _to de�ermine if th�e prograrri was t�pholding #�e State� Plumbing License Law and "�� Board's rules. In �articular, #he Board had ques#tons .regarding� t'he employment relationship between tt�� City and the third party plumbir�g �ins�ec#ar and the = methotl � of payment for tYiose services.=�� Subsequent replies �and cammunicatians with the Board resulted in the Boar� Adminisir�tor ruIiRg that . the Fort Wort� third party plumbing inspection p�oeess was riot meeting the requirements of ��the Plumbing Licer�se Law or t�e Board's rules. The �matter was forwarded to the Baard's Enforcem��t , Commifte� fior consideratian on September 28, 2000. - .. .. . . . . . . . ...... _. ._ _... _.. .. .. - . . . ._.._ . . _.._. �..--�--.:......._...__.... ..- - -- � -'- --- -- - -------�- � - --� � . ... _ C'ity o��'ori. �o�th, T'exas . . _ � . . . . . � . . ��._�.. -- � �� - ��ir �wnd � . ��[�: �, . . ��.��c�� . . � � .. . .... . . . . . . ._ .. . . .. ... ..... . . ._ _ . . DATE . R��'�RE�C:� EVUM6ER LOG NAME F'AG� � 11 fi101 - SUBJECT . ��`i 3� �'T � � 06PROGRAM � . � AGREEMENTS AN� ORDiNANCES ESTABLISHaNG THIRD PARTY INSPECTi4N PROGRAM � � - ' � . � . . � 3 of 3 �IBiNG Favarable cor�si�eration by the City Council for the third party plum�ing inspect'inn �rogram, and structure wiji authorize staff to implement fhe program on February 5, 2D0'�. If should be r�oted tnat staff has I�een working with the Safety �nd Cammunity Development Committee to �hange the structure a�d amounts of�build�rig permits.. .Changes of fees and t�e percen� waiv�r for third �arty insAection S�NIG�S WIII �(: recommended in the near future. At that �ime, the aitached ordinances will ne�d to be amended appt-opriately. � F15CAL INF�RMATlONIGEF�TIFICATiON: The Finance � Directar certifies that upon appraval of the above recommendations, fu�ds will be available, as appropriated, in the General F�nd: � . MG:k � Submitted for Ctfy Manager's Fl3ND � ACCOUNT � CENTER � AMOUNT CITY SECRETARY Otfice by: (to) � � � - �- � Mike Groomer � � 6140 • . .--... - j-`-j `-1��/��u�� " • --�- - Originating Department Head: � � . . �1.1 1 .�oUt��r�� . I...-•- -�-- -._._.. :. : . �--- . . Bnb Riley • $90! � (fram) .. . . , a1J4� : �, 6 zdQ1 . , � . _, . Additioaal In[ormatioa Contact: . � � . �..�.. �� u.�� City' Secret�,tp af the ' Bob Riley ggp2 C�y of Fart Wartt�, �'a�cas Adopted Qrd��iance I�o, 1`� �,do�t�d Qr��nanc� No„ ��/ � � _. .._ . _ .. - _ . _ .. �.�. JI_///d� ...,.��x � � ..,.. City o� �'or� �orih, T'e.xacs �I � ;�� ' - �I� !' � �� i i - � 1 � .i - � � - DATE 11161Q1 SUBJECT REFERENCE NUMBER LOG I�AME ��o� 3� 2�' AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY P�.UMBING INSPECTION PROGRAM .�•'.• :�►� PAG� 1 of 3 REC4MMENDATION: It is recammended that the City Council: 1. Authorize the Cify Manager #o enter into agreements with inde�endent confracfors for third party pl�mbing inspectors ta p�rForm plumbing inspections within the City of Fort Worth; and 2. Adopt the attaci�ed ordinances w�ich establish 10% as #he amaunt retained for new construction building permiis to cover the maximum amour�t payable for third party plumbing inspection ser�ices; and 3. Adopt the at�ached ordinances which establish 9D% as the amaunt retained for ail piumbing work permits, other than new construc#ion, to caver the maximum amouni payabl� foT ihird party plumbing inspection services; and 4. Adopt the attach�d appropriation ardinanc� increasing estimated receipts and appropriatiorts in the General Fund by $115,000. D[SCUSSlON: On March 2, 1999 (M&C G-12492), the City Councif adopted ordinance amendments and directed staff to implement a pragram allowing third party plan review and inspection services for the Building, ECectrical, Plumbing and Mechanical Cod�s. This program was necessary to address heavy demands in building construction inspections, problems with recruiting and retaming q�alified City staff, and to b�tter meet th� special expertise ar ex��di��d schedules for variaus projects. A# the time af implemenfation, the City was experiencing 30% of all inspection requests nat being perFormed within 24 hours of the request, resu[ting in a decrease ofi praductivity, constructian delays and increased cvsts. The third party program allowed contractors andlor owners of �rojects to contract directly wifh plan review or inspection firms to pra�ide senrices narmally delivered by the Development Department. On May 2v, 1999 (M&C G-12568), the City Council authorized a waiver of 90% of the calculated huilding, elecfrical, plumbing or mechanica[ fees for projects managed by a third party firm. T�� collection of � Q% by the City was determined as the amo�nt nec�ssary ta co�er staff costs irt quality control and record generaiion ar management. On August 16, 200�, th� Texas State Bnard of Plumbing Examin�rs (Board) inquired into Fort Worth's third parfiy program to determine if fihe pragram was up�olding the State Plumbing License �aw and Board's rules. In particular, the Board had questians regarding the employment reiationship between the City and the third party plum6ing inspectar and the method of paymen# for those services, Subsequent replie� and communications with tne Board resulted in the Board Administrator ruling that the Forf Worth third party plumbing inspectivn pracess was n�t mee#ing the requirements of the Plumhing License Law or the Board's rules. The matfer was torwarded to the Baard's Enforcement City a�F'o�t Wor��i, Texas '� :�� • � � � � �� Z � DATE 1116101 sug�ECT �o�tu��i�� R�F�R�NCE NUMBER LOG NAME PAGE **�� 06PROGRAM 2 ofi 3 AGREEMENTS AND ORD NANGES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PROGRAM Committee for consideration on 5eptember 28, 2000. City staff attended th� Enforcement Committ�e meet�ng in September 2000, and it was determined that a contractual agreer�nent similar to those with other jurisdictions might address the Board's concerns af employment an� compensation. A draft agre�ment between the City and individual plumbing inspectors was submitted to ihe Board on November 8, 204d, and �iscussed at iheir November 13, 2000 meeting. Following the hearing, ti�e Board's attorney relayed to the Cify tihat minor changes to the agreement wouid make the contract acceptabl� ta #he Board. A revised agreement was submitted to tF�e Board on December 8, 2000. The praposed agreemenf makes each third party plumbing inspector an independent contractor of the City and restructures t�e method of pay+ment for those inspection services. The City will ca[lect, at the time of permitting issuance, a percentage of the total building permif �or the plumbing portion of a project. Upon cvmpletian of piumbing ins�ections by the third party inspector and invoicing of thase ser�ices, the City will iss�e payment for #he services rendered. On December 22, 200n, the Board Administrator communicafed ihat the Board's Enforceme�t Committee, Bvard staff and the Board's attorney had reviewed the Plumbing Inspection Agreement submit�ed on December 8, zoaa. The Board's aitorney advised the Board that under the revis�d agreement, the relationship between the Licensed Plumbing Inspectars and the City of Fort Worth, along with the methad for c�mpensating the Licensed Pfumbing fnspectors, does nat violate the Plumbing License Law or Board rul�s. In order to begin implementation af the restructured fihird par�y p[umbing inspection program, it is necessary to authorize the City Manager to enter into agreements wifh each third party plumbing insp�ctor as independ�nt cantractors. A eopy of fhe proposed Plumbing Inspection Agreement is attached. Addifior�ally, it is proposed ta withf�ofd 10°/a of all building permit fees fiar related p�umbing inspec�ion services for each new construcfiion project. In the case of remodeling projects or jobs with �n!v plumbing work, the C�ty will cnllect th� entire plumbing permit fee of wl�ich 9a% wilE be returned as payment for inspection services. These collections will equal fihe maximum amount payable to the third party plumb9ng inspecfior for serv�ces rendered. It is estimated that for the r�mainder of the fiscal year, co[lection far th� new construction projects wQuld be $� 0�,000, and callections for the plumbing permif only projects would be $10,000. Attached are the necessary ordinance amendments to facilitate this copectian. 1n order to manage the collecfions, invoEcing and issuance of paymen#s for the third party plumbing inspection program, it is estimaied that one additional authorized position and associated office supplies and equipment will be needed. The annual im�act an the General Fund budge� is estimated to be $43,000. The present implementatian of this program will be handled as an overage and more City off '�''o rt Y�o�tl�9 Texas l�a�� a�d Coun�� ta� or� DATE R�FERENCE �IUMB�R LOG NAME PAGE 1118/01 **�.� �12�' � 0£PROGRAM 3 of 3 SUBJECT AGREEMENTS AND ORDINANCES ESTABL,ISHWG THIRD PARTY PI.UMBING INSPECTION PROGRAM efearly identified in the proposed FY2QQ1-2002 General Fund budget ance actual impact can be deiermined. Favorable consideratian by the City Council for the third party plumbing inspection program and structure will authorize staff to im�l�ment th� program on February 5, 2001. It shau[� be noted that staff has been working witih the 5afety and Community Development Committee to change the structure and amaunts of building permits. Changes af fees and the percent waivsr for �hir� par�y inspection services will be recammended in ihe near future. At thaf time, the attached ordinances will need ta be amended appropriately. F'fSCA[� INF�RMATI�NICERTIFICATIONe The F'inance Direcfior certifies that �pon appraval of the above recommendations, funds wifl be available, as appropriated, in the General Fund. MG:k Submif�ed for City Managcr's Office by: I FU1VD I ACCOi1N'i I � (ta} I CENTER I AMOUNT I CITY SECRETARY Mike Groomer Originating Department Head: Bob Riley Aclditianal Informatfon CantacE: BoU Riley 614� � 890! I (from) 89a1 1 1 � I APPROVED 1-16-p1 I ORDYNANCE N0.14485 ORDINANC� NO. l44$6 ORDII�TANC� NO. ]448i OIiDINATTCE NO. f4488 ORDINANCE NO. 14484