HomeMy WebLinkAboutContract 27920' ���Y ��c������ � �
CONiRACi f�� .
CTTY OF FORT WORT�I
PLU�BI�� ��PECTION AGREE�E�'T
This Agreeznent made thi.s ��� �' day of �' , 2001, betwean th�
City of Fort VVorth (herainafter re�erred to as the "City"j, and
}��, �J1 C� � c,� �, �:. � � , (her�inafter re�er.red to as the "Plumbing
.
�nspector").
In consideration o� the mu�tua� prorr�ises contained in �is Agreement, fhe parties
agree as follows:
REC�TALS
The Ci.ty ai Fort Worth is a horne rule rriunicipal corporatian of the �fa#e of
Texas, locat�d v�+itl�in Tarranf and Dexztan Counties, Texas.
Tha City desires to retain a Plumbing Iz�spector to provide the Servict�s as set out
in E�hibit, "A" wlzich is attached hereto azzd made a part h�reof fo� all p�aoses, bein.g
hereinafier referred to as the "Servac�s".
The Plumbing Inspectar agrees ta perfazxn the s�rvices as set out in Exhibzt "A".
.. AGREEMENT
Th� City a�d Plumbing Iz�spector, far and in consideration of the mutual
covenants her�in, set forth agree as fo�laws:
It is agreed that the City xeiains tl�e Plumbing inspector to provide the Services as
se# out in Exhibit "A", subject to the terms, canditions, and stipuiations undex this
Agreement.
COMPEI�T5A.TIUN
For aud in considera�ion oi the S�rvices rendered by the Plumbing Inspector, the
Czty shall pay ar�d the Plum�zng Inspector sha11 receive the .�ees set forth in Exhibzt "A"
atta.ched hereto and iz�cozporated herein by reference. Plumbing Inspec�or shall not accept
any camp�nsation or anything of value from any cantractar or �wner vvhase wn�k ,�,
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being inspected by the P�umbing Tnspector. � LL�����. ;�' .. �. ��.; .� r:'��,�
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PRQFE�SIOIiiAL RESPONSiBIL�TIES
Plumbing Inspector agrees ta perfarrn said Services expeditiausly, on xequ�st, in
accordanc� with sound and generally accepted inspection principaXs and standaxds, ta
check �or cornpliance with �he applicable City o�Fart Worth Code or Codes.
R�hen requested, the �'lumbing Inspector shail canduct on-s�te plum6ing
inspections for compliance with regulation establisl�ed by tli� �ity or State for plumbing
instal�ation.
Ali doc�ments whzch come into the possession o� Plurnbzng Iz�s�eGtor are and
sha�l remain �he �pxaperty of the City and shalI bc rnaintazned as public records subjact to
determina�ian by th� City otherwise.
CITY REVIEW
Pltunbing Inspector agrees and understands #hat Gity officials may, at their
discretian, make �eriod'zc si-t� visits ta review, inspect at�d duplicate any xnspec�ions
performed by the �'Iumbing Inspector izz order to insure a quality aantxol of per�'ormancs.
The city offi�iai shall maintain ful� interpreia�ion authority af ai1 afFected codes as w�ll as
the authority to require corrections, including, bu� nat limited to, notices a�.d/ox stop work
orders. P�umbing Tnsp�ctor understands that, upon cam�le�ion of al� building prajec#s, the
City v�ficzaI will perform a final i�r�spectian prior #o the issuance af a certif cate of
occupancy.
TER.N�Ii�1ATI0N
This Agreement may be terminated by either party %r any xeasan by giving two
{2} days wr�itten notice. The City x�ser�ves t�ie right to su�pez�d ar stop services
irnrnediare�y.
2 .
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AMEI�DIV�E1�iTS T4 AGREEMENT
Any amendm�nt tfl this A�reement must be in writi.ng and signed by the
Plum�ing Inspector and the City Manager af the City.
N�1�1'-EXCLUSIVE AGREEMENT
It is understoad and agreed that xetention o£ the Plumbi�ag Tnspector by the City to
pez�ozm the S�rvices, and for the purposes stated in this Agr�ement, is not exclusive.
A�SI5TANTS
The P1umUing �nspector da�s not �ave the ri�ht to emplay assistants or sub
plumbing Inspectors to perfarm the Services without �e advanced written consent o� the
City Development Director. A�� assistants or subwplumbix�g xnspeetor� employed by the
Plumbing Tnspector �hall be licensed plumbing inspectars, ,
II'�l'DENINIFICATION
Plumbing Inspector assumes the en#ire responsibili�ty and liability for azay c�aim or
action based an ar arising out of injuries, including death, to persons or damag�s ta or
destructinn of property, sus�ained Qr aIleged to have b�ez� sustained in connection wrth or
to have arisen ou# of or in�cidantai to the �erfozmance of this contract by Plumbing
Ynspector, regaxdless of vti+hether such ciaims or actions are �ound�d in wh�le or in
pa�rt apon all�ged negligence of the Cx�y of Fort Wort�r, its afficers, a��nts or
employees, or �e emplay�es, agenfis, invi#ees, or licensees thereo£ Tn respect to any
such matter� as set out abave, Plumbir�g Inspector further agrees to in�emnz�y and hold
harmless the City of Fort Worth, ifs officers, agents anci employees and ag�ees to defend
any claim or suit or actian at Plumbing Inspector's awn expens� when suat is brnught
against the City af Fort Worth, its offic�rs, ag�nts or employees, and employees, agen�s,
invitees, and licensees tb.ereaf.
INSURAi�TCE
It is agreed beiwe�n plumbing Ins�ectar and City of Fort Worth that Plumbing
�nspectvr will secure and furnish City rn+ith a certi�icate oi g�neral liability arid
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automabile in,surance caverage in an an�oun� specifiied b� �tar�dard policies and
procedures of the itisk Ma.r�a�ement Department of the City during; the term af this
contract. Th� City of k'ort Worth shall b� shown as an additional insured on said policies
of ins►�ranc�.
FORCE MAJEIJRE
Tha Plumbing Inspector shall nat be respoz�sibl� or liable for any Ioss, damage, or
delay causec� by force majeure which i.s beyond th� control of the parties, which shail
include riot, insurrection, embargo, f re or explosian, the �lements, act of God, epidemic,
war, earthquake, flood, or the of�cial act of any government.
ASSIGI�MENT,
This Agreement shall not be assigned in whole ar in part k�y the Plumbix�g
Inspectar.
LEGA.L CONSTRUCTION
�n case of at�y t►ne or znoxe of the provisions cantained in this Agreement shali for
any reason be he�d to be in�aIid, illegal, or un�n.forceable in any respect, such invalidity,
ilIegality, or unen#'orceability shaIl not aff�ct any other pravision and this Agreement
shall be construed as if' such invalid, illegal, or uzaenforcea�le provision had never be�n
cantained in it.
WAR.RANTIES
Plurnbing Inspector hereby warrants t�.at:
a. Plumbing Inspector has, currently in �ffect, aIl necessary licenses #o perform
the wark, and Plumbing Inspector is qualified to perform the wark as required
by the City's Codes and the State of Texas;
b. Al! assistants or sub piumbing inspeetors employed by Plurnbing �nspentox
shaIl be cuxre�tly licensed plurnbing inspectors;
c, Al� work i� to be perfarmed in a prafessiona� and waxkmanlike manner;
, . 4 .
d. The Plumbing Xnspector agrees to and represents that zt will not in any fashion
discriminate in the pravision of �ervices against arty person �eeause o�race,
ca�oz', reiigian, national o�rig�n, sex, �age, disabilzty, paliiioal b�lief, sexual
orientation or affiliation.
��EPENDENT CONTRACTOR
It is #he express agreement and understanding o£ th� parties that Plumbi�g
Zns�aec�or is in a1i respects an independent contractor pf the City. The xela�onship
betwe�n the Plumbin$ In,sp�ctor and th� City is that of ari independe�.t contractor.
Neither party is an employee, servant, or partner of ihe ot�e:r, and neitlaex has the right,
auth.ority, ar powex ta direct, bind, ox obligate the other in any way, except wzthin -E.�e
enntext o�this Agreem�n#.
The City is intexested only in the resuits to be aehieved, and th� control af the
work will �ie sol�ly with �'lumbing Inspector. Plumbing Inspector sha11 set his or her own
hours of work and the number o� hours tl�at he oar she shail �wozk to accomplis�a the
purpases af this Agreem.ent. -
P�OR AGREEl1'IENTS S�J�EYtSEDEb
T1�is Agxee�nent constitutes the sole an.d only agreement of the �paz�ties to it, and
�upersedes any priar understandir�gs vr written o� nral agreements b�tween the parties
ze�specting this subject mat�er,
'T'E�.A� LAVi� TO APPL�.'
This Agreement shali be constru�d under and in accordance with the �aws nf the
State of Texas, and a�l obligatzons of the parties created under this AgreemEnt are
�erformable in Ta�rant Coun�Cy, Texas. Venue sk�a11 be in the staie courts lacated in
Tarran# Cc�unty, 'I'exas or the Uriited States DYstrici Caurt for the Narthex� District �f
Texas, Fort Worth Division.
S
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P,AR,TIES B�UND
This Agreement shall be binding on a�d inure to the benefit of th� parties to it and
tkeir res�e�tiv� heirs, executors, administratvrs, legal representati�res, successors, and
assigus.
�ATLII�lG ADDRES�ES
Atl notices and aam�m�.uiic�tions uz��er this Agr�ement to be mailed �r deliver�d
to the City shall �e sent as foliows:
City o�`Fort Worth
1q�Q Throckmorton �treet
Fori Wort�a, Te�as 76IO2
Attention; IIevelopment Direc�or
Te�ephone (8I7) 871-$901
A!Z notices and communications uz�der this Agreement to be nnailed ar delivered
to the Plumbin� Tnspector and if applicable, the c4rporation, associa�inn, partnexship ox
any other non�gavErnmen.tal entity that emplops saic3. Plumbing Inspector shall bs sent as
follows, unless and un#il the City is atk�erwise notzfied:
Plumbing Tnspector:
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compa�ny:
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Any notices and cotnrnuzxications required to be given in writing by one party to
the ather shall be cansidexed as having been given to the addressee on the date the no�ice
or commu�ica�zon is placed in fhe United States Mail.
Exect�ted, in multipFe countezparts, at Fort Worth, Texas, an the day and year first
above written, and each sign�d countezpart shall be t�eafied as an �riginal for all �urposes.
ATTEST:
, •
� G�o a Pearson, Ci�y Se�r�tary
Approved to �orm ancl legality
David Yet�, City Attorney
By��C- - �-P.�-��`--
Assistant ity Attoxney
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Con�ract Autharization
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Date
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GITY (}F FORT WORTH
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Asszstant City Nlana�er
PLUMB�G IlVSPECTOR
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Title: ��ts� ec, +��"'
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EXHIBZ�` "A"
ATTACHED TO AND MADE A PART OF AN
INSPECTION AND CODE COMPLIANCE ��RVICES AGREEMENT
A.1. Plumbing Inspectnr: C1� ��� �� �� y c?
Name '
�C.�C�J ��.1� I 1�✓` �� ,� L � ��
Addr�ss
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���-.3�����s�
Pho��
A.2 Scopc of Services: Plumhing Tnspection
A.3 Frequ�ncy: As CaIIecllQn Request .
A.4 Corxipensation; A percentage or flat rat� associated with plumbing
improvements co��red by either a building permit for each project ar a stand alone
plumbin� permit established and appraved by the City CounciI.
8
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DATE � R��'ERENCE NUMBER L�G NAME . • k'A(�� � �
. 1118101 _ . '�*�_����7 � � 06PROGRAM � 9 of3
sus,�ECT, � AGREEMENTS �AND ORDINANCES_. ESTAB�.ISHING �1-lIRD .PARTY PI.Ui�lIB1NG,
. �- � . - .� � 1N5PECTION PROGRAM _, � � � - � � � �
RECOMMENDATION:
it is recommetided that t�e City Council: : � .� �
1. Au#horize the City Manager to enter into agreemer�ts with independent contractars #ar third �arty .
� piumbi�� inspec�ors�to p��Form plumbing inspecfioris within the City of Fort Wor#h; and ��
2. Adapt fhe attached ordinances which estabiish 'Iq°/b as tt�e amount retained for nei►v �onstruction
bu9lding perm9ts ta caver the maximum amount payable for thjrd party plumbing insp�ction services;
and �
3.. Adopt the attac�ed ordinances whic� establis�i 90% as the amour�t retained far alI plumbing work
��ermits, ot�er than new construction, to cover ihe maxEmum amoun�, payable for third par�y
plumb�ng insp�ctiot� services; and , � . .
4. Ada�t the attached appropriafiion ordina�ce i�nc�easirig estimate� receipfs and appropriatians i� the
�Genara! Fund by $4'i5,00a. � . � . ' � � - ' . . � . � � � � � , �
DISCUSSION: � � �
4rt March 2, '1999 �M&G G-12�92), fihe City Council.adopted ordinance.amendments a�d.dirEcted staff__
ta im�lemer�t a,pragram allowing th9rd. party. plan review .and inspection services for #�e Building,-.-
Electrical, Plumbing and. Mechanical Codes. This program was.necessary_ta address heavy demands
in bUilding construct9on inspections; ��problems �with recruiting and retaining � qualified C9ty s�aff., and ta
b�iier meet the special ex�e�tise or exp�dited schedules far �arious proj�c�s. At the time � of
implementat�on} ihe City was experiencing 3�% of ail inspection requests no� being performed within �24
hours af the requesk, resuZting in a decr�ase of produc#iv�ty,.car�struction deiays and increased cosfs: �.--
The third �party program aliowed contractors �andlor owners of projects to contrect �directly with plari
review or inspection firms to pro�i�e services normafly�delivered by the Develo�merit Department.- On
May 25; 9999 {M&C.G-1�568), the C�ty Council authorized a waiver of 9d% of�#he calcula#ea �uilding,
electrical, plumbing or mect�anical fees for pra�ec#s m�naged by a third party firm. The collection af.
10°I� by the City was determined as the .amoun# nec�ssary:to cover stafF costs in_q�a�ity controi and,
� record generation o� manag�ment. ' ' � � .
On August 'I6, 2004,�the Texas Stat� Board of Plumbing Ex�miners (Board) inquired into Fori Vilorth's
thira, party program .to dete�mine if tf�e program was upholding the 5tate Piumbing L�cense Law and_
Board's rules. In particular, the Board had Ruestio�s .�egarding the employment� relatioriship between
the � City and ti�e third parky �lumbing inspec#or and fhe = method - of paymen# for tYiose services: -
Subsequent replies �a�d communications with the Boa�d resulted in the Board'Administrator ruling that
the Fort Workh third �ar�y plumbing inspeetion p�ocess was tiot mee#�ng the requiremen#s of �the.
Plumbing �.icense Law or� the Board's rules. The �matter was farwarded to the Board's Enfarcement
Committee for cansideration on Septemb�r 28, 2000. . �
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DATE . REFER�NCE NUMBEF: LOG NAME PAGE . .
'iL1610�� .��`C�-�l3'i 2� � �6PRDGRAM ' 3 of 3
sue�ECT . AGREEMENTS AND ORDINANCES �STABLlSHING THIRD PARTY PLUMBlNG
INSPECT�ON PROGRAM � . ' � � . ��
. . ,
Fa�orabte. consi�eration by the Ci�y Council for ti�e ii�ird party plumbin� inspection program �a�d
siructure wii! auth4rize staff to im�iiement the program on February 5, 200'�.
It shauld be not�d that s�afF� has been working with the 5afety and Commu:nity Develo�ment Committee
to ci�ange the structure and amounts of�buildirig permits.. C�anges of fees and t�e percent wa9ve� far
third par#y inspection se�vices wiU be �-ecommended in the near future. At that time, the attached '
ordi�ances will need #o be amended appropriafieEy. � ,
FISCAL INFORMATIONICEFjTIFICATION:
TF�� Finanee Director cer�ifies that upon approval � of the above recommendations, funds will �e
�vaiEabl�, as appropria�ed, i� the General Fund: . �� �
MG:k
� -.
5ubsniited far City Manager's
Oi�ce by:
Milce Ciroome� � - .
Orsginating I?epartment Head: .
Bob Riley
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. - - - -.. _... .._ . ... ._. ..._.__�-----�--- I
FZl1�ID , ACCOUNT �
(to)
6140 •
89D1 (from) . .
CENTER � AMOLINT
CITY SECR�TARY �
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_ �1TY CQUt�1C�L �.
. ���:-:tah���s. ..zn�i � �
. �� ���
�itq Secretary ot the
City of Fort VPorth, Teras
Additioaal Infarmatioa Cantact: � � •
Bob Riley 8901
Adopted ard��iance Noe �`�`� �'s �,dapted Or�ina.�c� Nop /��/�'�
C`iiy of �ort T�orth, T'exrxs
�
I� .� -,s - ., � • - ;-- _�
C����� �� ti o�
DA7E
1 i16/01
SUBJECT
R�F�R�NC� NUMB�R LOG NAME
*�(��'��1�7
AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING
INSPECT�ON PROGRAM
QBPROGRAM
PAGE
1 of 3
REC�MMENDATI�N:
It is recommended that th� Cify Council:
1. Authorize the City Manager to enter into agreemenfs with independent contractors for third party
plumbing inspecfors to perForm plumbing inspections within the City of Fort Worth; and
2. Adopt the attached ardinances which es�ablish 10% as the amaunt retained for new construction
building permits to co�er the maximum amount payable for third party plumbing inspec#ion services;
a�d
3. Adopt the attached ordinances which establish 90% as the amount retained for all plumbing wark
permits, other than new construcfion, fo cover the maximum amount payah[e for third party
plumbing inspection services; and
4, Adopt the atfached appropriatian ordinance increasing estimated receipts and apprapriations in �he
General Fund by $115,000.
D15CU5SlON:
On March 2, 1999 (M&C G-12492), the City Council adopted ardinance amendments and directed staff
to implement a program allowing third party plan review and inspection services far the Bui[ding,
Electrica�, PEumhing and Mechanical Codes. This pragram was necessary to address nea�y demands
in building construction inspect�ans, prablems with recruiting and retaining quaffed City staff, and ta
better meet the special expertise or expedited schedules for variaus projects. At the time of
implementa�ion, t�e Gity was experiencing 3Q% of all inspectian �equests not being performed within 24
haurs of the request, resulting in a decrease of prod�ctivity, constructian delays and increased costs.
The ihird party program allowed contractors and/or owners af projects to contract directly with plan
review or inspection firms to pravide services normally delivered by the Deuefapment Depariment. On
May 25, 1999 (M&G G-12568), the City Gouncil authariz�d a waiver of 90% af the calcula�ed building,
electrical, plumbing or meci�anical fe�s for prajects managed hy a third party firm. The col�ection �f
1 D°/a by the City was determined as the amount necessary to cover staff costs in quali#y control and
record generation or management.
On August 16, 20aa, the Texas 5tate Baard of Plumbing Examiners (Board) inquired into Fort Wor�h's
third party prQgram to de#ermine if t�e program was upholding the State Plumbing L�cense Law and
Board's rules. In particular, the Board had qu�stions regarding the employment relationship �etwe�n
the City and the third party plum�ing inspector and the method of payment for those services,
5ubsequent replies and cammunications with the Board r�sulted in the Board Administrator ruling that
the Fort Worth third party plumbing ins�ectiflr� process was no# meeting the requirements of the
Plumhing License Law ar the Board's rules. The matter was forwarded f� the Board's Enforcemen#
C`iiy of �'o�t �ar�h, T'exas
l���o� ���1 Coux��il
C��ur��c�����
DATE REFERENCE NUMBER LOG NAM� PAGE
1116101 **��� �� �� ` 06PROGRAM 3 of 3
suB�Ec� AGREEMENTS AND ORD[NANCES ESTABLISHING THIRD PARTY PL.UMBING
INSPECTION PROGRAM
clearly identified in the proposed FY2001-2002 General Fund budget ance actuaf impac� can be
determined.
Favorable consideration by the Cify Council for the �hird party plumbing inspection program and
structure will authorize staff to implement tne program on February 5, 2001.
It should be noted that staff has been working with the Safety and Community Development Committee
to change the structure and amounYs of building permits. Changes of fees and the percent waiver for
third party inspection services will be recommended ir� the near future. At that #ime, the attached
ordinances will need ta be amended appropria�ely.
FISCAL fNFORMATIONICERTIFICATION:
The Financ� Director cer�ifies that upon approval of the abo�e recommendations, funds wil{ be
available, as appro�riated, in the General Fund.
MG:k
Submitted %r City Manager's
Offiee by:
I Fi]1�D � ACcaunrT j c����R I AM�UNT
� (to)
CITY SECRETARY
Mike Graomer
Originating Department Head:
Bol� Ri1ey
Addifianal Information Cnntact:
G144
8�a1 � (fram)
Sob Riley 8901 I
APPAOVEA 1-16-01
ORDINANCE NO. 14485
ORIIINANCE NO. 14486
ORDINANC� NO. 14481
I ORDINANCE N0.14488
I URbTNANC� N0.1�3489