HomeMy WebLinkAboutContract 27936, .
CTTY 4F FORT WORT�3
���Y �������� � � �
��f�T'RACi i�0.
PLUI�E�TG Il�i�PECTZUIeI" AGREEI�ENT
This Agreement made this ����'day o� �v„-� �� � , 204.� between ihe
City of Fort Worth {hereinafter re�erred to as the "City"}, and
��,- -�6;� [ �M�-�,�.� _ � , (hereinafter referred to as the "Plumbing
Tnspeotor"}.
In considexation of the mutual promises contained in �his Agreement, the parties
agree as fallows:
�ECITALS
Th� City of Foz� �Vorth is a home ruie murucipal corporatian of the State of
Texas, located within Tarrant and Denton Coanties, Texas. �
The City desires to r�tain a Plumbing Inspector to provide the 5ervices as set out
in Exhibit, "A" which is attached he�eto and made a pat�i hexeof far alI p�oses, being
hereinafter referred to as the "Services".
The Plumbing Inspector agrees to perform the servzces as set out in E�hibit "A".
AGRE�METIT
The City and Plumbing Tnspector, for and in consideratzon of t�e rnutual
covenants herein, set forth agree as follows:
It is agreed that the City retains #he Plurnbing Inspector to provide the Services as
set out in Exhibit "A", subject to the terms, conditions, and stipuiations under this
Agreement.
COMPEN'SA'T'I4�I •
For and i�. cansideration o£ the Servzces rendered by the Plumbing Inspector, the
City sha11 pay and the Plumbing Inspector shall receive tla� fees set forth in Exhibit "A"
attacned hereta and incorporated herein by reference. Plumbing Inspector shall not acaept
any compensatxon or anything of value frarn any contractor or owner whose work is
being inspected by the Plumbing Inspector. '��: --��,i'
�����'� ��G�, . ' _ y����
4y �� � , i��,`,�, E#'ti
N@ M � u� .1�4�.�,�►�1
I 4� ��` ' ' '! fi'i''�
ii �
l
PROFESSYOIV.A.L RESPONSYB�LiTIES
Plumbing Inspector agrees to per�orm said Services e�pedit�ousIy, on request, in
accordance with sounc� and generally accepted inspectian principals and standards, to
check for compliance with the applicable City of Fort i�Vorth Code or Codes.
Whe� xequested, the Plumbing Tns��ctor shall conduct on-szte plumbing
inspec�ions for compliance with regulation established by the Ci�ty or State �or plumbing
installation.
All documents wb.zch come into the passession of Plurnhxng Inspector are and
shall rema.i�n the pxoperty of the City and shali be maintained as public records subject to
determinatian by th� City otherwise.
C�TY ItEVIEW
�
Ptumbing Inspector agrees and Understands tha# City officiaXs may, at their
disc�r�tion, make �eriodic site visits to review, inspect arzd duplicate any insp�ctions
pexfo�n�d by the �luznbing �nsp�ctor in order to insuxe a quality contro� of perfvzmance.
The ciiy official shali maintain full interpretatio�. authority af aIl ��£ected codes as well as
tha autharity to require corxections, including, but not limited to, nvtices and/or stop work
orders. Plumbing Inspector und�rstands that, upan completion af all building projects, the
City official will perfoz7m a final inspeetion prior to the issuance af a�ertificat� of
occupaxicy.
TERNiX�VATION
Thi.s Agreement may b� terminated by eith,er party for any reason by giving two
{2} days written not�ce. The Ci#y resexves th� xzght to s�spend ar stop services
imm�diateiy.
�
2
AME�DMENTS TO AGREEMENT
Any amendrrient t� this Agreement must be in writing and signed by the
Plumbing Tr�spector and the City Manager of the City,
NO1�i�EXCLUSxVE AGREEMENT
It is understood and agreed that retention of #h� Plumbing Inspector by #he City to
pez�orm th� Services, and for the purposes stated in this Agreement, zs not exclusive.
ASSISTANTS
The Plumbing Inspector daes not have the right to employ assistants or sub
plt�mbing In.spectors to perfoam #he Services wxthout the advanced written consent of the
City Development Director, AlI assistants or sub-plumbing inspectors employed by the
Plumbing Inspector shaI� be licensed plumbing inspectors. ,
XNDENINIF�CATXON
Plumbing Tnsgector assumes the entir� responsibility and liability fnr any claim ar
action based on or arising out of injuries, including death, to persons or damages to ar
destrucfion of propezty, sustained or alleged to have been sustained in connectioz� with ar
to have arisen out of or incidental to the �erformance of this con#ract by Pluinbing
�nspector, re�ardless af whether such claims or actions are �ounded in who�e ox in
�art upo� al�eged negligence o� the City of Fox~t Woxth, its af�cers, ag�nts or
employees, or the employees, agents, invitees, or licensces thereof. In respect to any
such ma#ters as set out above, Plumbing Inspector further agre�s to inderiuiify and hold
harrnless the Ciry of Fort Worth, its officers, agents and emplayees and agrees to defend
any claim ar suit or action at Plumbing Inspector's own expens� when suit is bro�ght
against the City of Fort Worth, its officers, agents ar employees, and empioyees, agen#s,
invitees, an� lieensees thereof.
T1V'SURANCE
It is agreed between Plumhing Inspector and City of Fort Worth that Plumbing
Inspector wi11 secure azxd furnish City with a certificate of generai liat�ility and
Kj
�
autamobil� insurance coverag� in an amount specified by standard policies and
proc�dt�res o� the Risk Manage�nent Department of the City during the tenn of tlus
can�ract. The City of Fart V�iorth shall be shawn as an additionai insur�d on said policies
oi insurance.
FQRCE N�AJ�i7RE
The Plumbing Ins�ector shall not be respansible ar 1fable for any Ioss, damage, vr
ASS�GNIVIE�T
This Agreement shaIi not be assigned in w�ole or in part by ,�e Plurn�ing
delay caused by force maj euxe which is beyond the control af tha part�es, which sha11
incIude riot, insurrection, ernbargo, fire ar explosion, the elements, act of God, epidemic,
war, earkhqualce, flood, ar �e of�cial aet of any govez�nment.
Znspectar.
LEGAL COI�STRUCTION
In case of arky one ox mare of th� provisions co�atained i�zi tlus Agreement shall far
any reasan be heI�i to be in�alid, illegal, or unenforc�able in an.y respec#, such invaIidity,
il�egality, or unez�£orceab�lity shall not affect any other provision and this Agreement
sha11 be construed as if such invalid, illegal, or unenforceable provision had n��er been
contained in it.
WARRANTIES
Plumbing Znspecfior hereby v�rarrants that:
a. Piurnbin� Ins}�ector has, currently in effect, alI necessary licenses to per£orm
#he woxk, and P�umbing Inspector is qualified to perFatzn th� woxk as requzred
by the City's Cades and the State of Texas;
b. AII assistaz�ts or sub piumbing inspectoxs employed by Plunr�bin� Inspector
shal� be currently �i.eensed pIumbing inspectors;
c. All work is to b� performed in a pra�essional and workmanlike manner;
y
, , 4 ',
d. The Plurnbing Inspector agre�s to and represen#s that it wi11 not in any fashion ~
discriminate in the provisian of Services agains# any person because a�'raca,
calar, xeligion, nation.al otigin, sex, age, disabi�ity, poli#�ca� b�lief, sexual
orient��ian ar a�liation.
Ti�TDEPENDEI�T CO�TRACTOR
It is the expxess agreernent and understanding of th� parties that Plumbing
Inspector is in all respects az� independent contractor of the City. The relatianship
between the Pluznbing In.sp�ctor and the C�iy is that of an independent contra�c#ar.
Neither pa:rty is an emp�oyee, servant, �r partne� a� the other, and neither has #he rzght,
autharity, or power to direct, bind, ox obligate the ather in any way, except. within t.�.e
cantext o� this Agreeme�t.
The City is interested anly in the results to be achieved, and #h� contrnl of the
work will tie soiely with Plumbiz�g Inspector. Plumbing Inspector shall se# his or her owxa
hours of wark and the number of hours that he or she shall work to accomplish the
purpases af this Agreement.
P�OR AGREEIi�IENTS SUPERSEDED
This Agreement consti�,utes the sole and oniy agreement of the parties to it, and
supersedes any prior understazidi�gs or written or oral agr'eements between the parties
respecting this s�tbject matter.
TE�A.S L.AW T� APPLY
This Agreement shall be cons�ru�d under and in accordance wi� the laws of the
State of Texas, and a].I obligatiar�s o£ the parties created under this Agreement are
perf'ormabie in Tarxant County, Texas. Venu� shall be in the state caurts located in
Tarrant Caunty, Texas or the Uxuted States District Cozut for the Northern District af
Texas, Fort Worth Division.
�
G�
. PART�ES BOiT�D �
This Agreement shall be binding an and inuxe to the benefit of the par�ies to it and
thei.r respective heirs, executors, adminis�rators, legal representatives, successors, arad
assigns.
MA,ILT1lTG ADDRESSES �
A11 notices and communications under this Agre�ment to be m�Ied ar deliv�red
to ihs City shatl be sent as %Ilows:
City of Fort Worth
1�Q0 Throckmorton Street
Fort Worth, Texas 761.02
Attenti�n: Development D�rector
Telephone (817') 87��8901
A�1 natices and communicatior�s under this Agreement to be mailed or delivered
to the Plumbing Z�spector and if agplicable, the eorporation, associatian, partnership or
aiay other non-gavemmental entity that employs said PIumbing �spector shall be sent as
�ollaws, unless and untiX �he City is atb.ezwise noti�ed:
Plumbing Inspector:
��.�� �� .�/`f�`i-. I� c �
� �' �5� ��+ � v I �; c., .
�/Z G� r� c- :�.�•✓ T� 7 6 v�.S
Company:
:-• � � � /`� LT.... ���r2 •�r fi—
_r�� Z,� ��I�NJ �� s�sl�Q
���� � �� ����3
0
`1.
� Any notices and communications required to be giv�n in writing by one paxty to "
the other shall be cor�sidered as having been given to #he adc�ressee on the date the notice
or comrnunication is placed in the United States Mail.
Executed, in m�ltipl� counterparts, ai Fort Warth, Texas, o� the day and year first
above written, and eaeh signed counterpart shall b� treated as an. original %r�all purposes.
ATTEST;
h `
� , � •
.._ I,.�a� '�_
Gloria Pearso�, City Secretary
Approved to £ozm ancl legality
David Yett, City Attorney
B � �- ���-�
Assistant C Attorney
_ �-�(. � � � t � �
':0[7�r8Ct. ALI�}'l0�'i�����11
_ � '.� l h�, c� � .. ..�
Date
d
7
CITY OF FORT
Assis t City a
PLUMBl.1�TG IRl'SPECTOR
- �', i
�
Name: `�'�'4'� � �� �r.� 5 /�fr-. =���` �
Title: �,... �,�Y � r�.rt
��'Z��'o
���OG" .� .. "_��4
���' �t�'��1�!��
�T��� ;� ������
_ -. _'. . - -
�
EXI3�BIT �cA"
ATTACHED TO AND NIADE A PART OF AN
INSPECTIQN AND CQDE C�MPLLANCE SERV�CES AGREEMENT
A.1. Plurnbing Inspector:
Name
A�dress
Phone
A.2 Scope af Services: Plumbin� Inspecfion
A.3 Frequency; As CalledlOn Request _
A.4 Cornpensation: A percentage or flat rate assoaiated with plumbing
improvem�nts cover�d by either a building permit for each project or a stand alone
plumbing pe;rmit estahlished and approved by the City Council, .
S
.
, .. - . .. . . . . . _ --
. ,.. � - -
_ . . .._ _.. _. . . . .. . . . . __ _. .. � . _ --- - - � �- � . ...
. . . _ ...._..__r;. _ ..._. .-�---. -..--_-. _.._......_ ___......_.... _...__..._.._.....'---- - --
' - Clty O. f.�'Di"t �$'O]'�'i�i9 .�'P.xas • �
. . . . .. � . . . :.. `. -. . _� , � . .
. : : ������ �r��,. �., _.. ����1--� .... �r�������t��� .
. � .. . � . . . . _� . _ . . . _ _ t�
. ....._ . ......_.,._. ... . . . . . _
DATE � REFER�NCE NUMB�R ' LOG NAME . • � PAGE � � �
. 11� sto� :.�*�e� 3�j �7 I � 06PROGRAM i � �i of 3
SIJBJECT. � AGREEMENTS �ANo oRaiNANCEs.. �STABLlsHING THIRD .PARTY PLUMBING
. ��� : � -� 1NSPECTiON PROG�RAM � _ .,' � � �� .� � � �
RECOMM�NDATION: ' � �
It is recommer�ded that the City Cour�c�l:� ..� . ' � . �
1. Authorize tfi�� City Mana�er ta �n�er into agreemertis�wit�t independent cont�actors for #hird party .
� plumbing inspectors.#o perform �iumbi�g inspections withiri the City of Fart Worth; and � �•
2. Adapf t�e aftached ordinances wi�ich establ9sh 10°/a as the amaunt retai�red for new cor�structia�
buildi�g permits to�cover t�e maximum amount payabl� for t�ird party pl�mbing inspectiart services;
and �
3. _ Adopt th� attached ordinances whic�i establis� 9D% as tF�e amo��t r�iained for ail plumbing work
permits, other than n�w construction, to cover ti�s maximum amoun�; payab�e for t�ird �aarty
p�umbing inspection services; and � . � �
4. Adopt the attached appropriation ordinance increasing es#imated receipfs and appropriations-in ti�e
, Generai Fund by $1 � S,OOQ. � . �. �. � �. : � . . � . . . � . � .
DISCUSSi�N:� - � � � � �� �
Or� Marc� 2, '1999 (M&C G-12492), the Ciky Counci�.adopfed ordina'nce.amer�dments and.ciirecteci stafF__
to impiement a. program alEawing third, party. plan review .and inspection services far the B�ilding,-.-
Electrical, Piumbittg and Mec�tan�cal Cot�es. This program was �ecessary to address �eavy demands
.. . . . . ..... .. . . . .. . .... ..... . _ _ - - �- - � __ . _... . .. .-� --
in building construction inspections; prohlems with rect�uiting and re#aining � quatified City staff, and to
better meet the special exper�ise or expedited sc�eduies for various projects. At the time �a'�
imp�eme�tation;'ihe City was �x�eriencing 30°Io a� aIl inspection requests not being performed within 24
hours af #he taquest, resuZting in a decrease ofi producti�ity, construc#ion delays and increased costs:=-.:-=
T�e third 'party pragram allawed con#ractors �andlor owners of projects to contract ��irectiy with plan
-review or inspecti�n �irms to �rovide s�rvices normally delivered by the Developm��it D�partment.� On
May 25; 'l999 (M&C.G-'12588), th� C4#y Council auihorjzed a wai�er of 90°l0 of�the calcu�ate� btiilding,�
electrical, pfui�nbing or mechanical �ees for projects rnanaged by a t�ird party firm. The cvllection of..
10% by the City was determined as the_amount_necessary to cover stafF costs in quality control and_
��reco�d generation or management. " � � � �
On August 16, 20pD,�#he Texas State Board of Plumb9ng Examine�s (Board} inquired into Fort Wo�tMs
" third_ party prograrm #a determine i€ �the prograrri was �ph�aldirig the Stafe� Plumbing License �.aw and:
Board's rules. In partic�tlar, ihe Board F�ad questior�s ,regarding� the employm�nt relatioriship betwe�n
the � City and the third �arty piumbirig inspector an� fhe � metho� � of paym�nt for tiiose senrices: -
Subse�uent replEss �and communications with the Board resulted in the Board'Administrator r�ling that
t�e For� Wort� ti�ird party �iumbing inspectiori process was riot meeting tt�e requireme�ts of �the
Pi�mbir�g License �.aw or�the Board's ru�es. The �matter was forwarded to th� Board's Enfarcem�nt
Committee far cons9derai€art an September 28, 20D0. , -�
�- � -, _ . • .. . � ._. _... _:. .... . . .. .
� - .. . .. . . ....... . . _ . . ...
. . - �� ....._._.._.�....:.-�----- -�� - -'.----� -- -�----=---- -. .__.._...---------•---�-----�...-�---...-- -�-------�--._.., ._..�..�---.. ......._.._..__. .._.. ..... .
. �'ity o�'.�'o�t . �'o�il�, . �'exas � . , _ . -
. . . . . �,� : _ .. _. � . -
���r� �r�� ���,����::��',crr���r������� ..
DAT� . REF�R�NGE NUMBER � LOG IrIAME PAGE. . �
�1'I61D� �*�o� �� 2`� � ' 06PROGRAM . ' 3 of 3
. suaa�cY _ AGRE�MENTS AND ORD�NANCE,S ESTAB�ISHING THIRD PARTY P�,UMBING
[NSPECTI�N PROGRAM � � � � � ��
Favorable consi�eration by ti�e City Council for the third pa�ty plumbing inspect'ian program �and
structure will autharize staff to imptement th� prograr� on February �, 20D'� .
It should be noted ti�at staff� has been warking with ths 5afety �nd Community Development Committee
to change the str�acture and �mou�ts of�building permits.. Changes of fees and ihe per.c�nt wai�er far
third party inspection services wtll be racvmme�ded in th� �ear futur�. At that time, the attacned
orciinances will need to be amended appropriataly. �
FISCAL INFC}RMATIONICEF�TiFICATIQhi,:
Th� �inance Direc#or ce�i�ies that upon approvai of the above recomm�ndations, funds � wi11 be � �
availabfe, as appropriated, ir� tt�e General Fund: . � , _�
MG:�C - . �
5
5ubmitted i'ar Ci#y Mauager's
OfFce Y�y:
Mike Gronmer �� � 614D
Origi�ating Department Head: .
Bob Riley
,�
8901
� FUND � ACCOUlVT �
(to)
� '
� (from)
�
C�i�T�R AMOUNT CiTX S�CRETARY �
� �... _ �... -A�RPROUE� � � =-�
� . LL Ci.TY COUP�I.C1L -�
. - , � � . .��_ JAH�.�S.._..ZOd1
° � �r� .
Additionsllnformation Conta�t: • ' � '`'' �^"�
�� ofo rt �9orthi�xas
EobRiley � 89Q1 _----
Adopted Drdz�iancs .Noo I `/� 8'� Adapted �r�i�a�c� No4 �`�� � � _ ... . �
' i. i. iv_ .. ' . ..
Gity o,��o�� T�'o�th, 7'exas
M���r �r�� �o�����
�o�a����a��o�
DATE
1116101
SUBJECT
REFERENCE NUMBER LOG NAME
**(�a� 312�
AGREEMENTS AN❑ OR�INANCES ESTABL.ISHING THIRD PARTY PLUMBING
IfVSPECTION PR4GRAM
�.-�� :_►i
pAGE
2of3
Committee for consideration on September 28, 2Q00.
City staff attended the Enfarcement Committee meeting in September 20fl0, and it was determined that
a contractual agreement similar to thase witi� other jurisdiciions might address ihe Board's concerns of
empEoyment and compensation. A draft agreement be�ween the City an� individual piumbing
inspectors was submitied to the Board on N�vember 8, 2D�0, and discussed at their November 13,
20�0 meet�ng. Fo�lowing the hearing, tf�e Board's attorney relayed to the City tha� minor changes to the
agreement would make the contract acceptabfe ta the Board. A reuised agreement was submitied to
#he Board an December 8, 2000.
The prapos�d agreement makes each third party plumbing inspectar an independent contractar of the
City and restructures the meihod of payment for th�se irtspection services. The City wi[I collect, at the
time of permitting issuance, a percentag� of tf�e total building permit for the plumbing portion of a
project. llpon compfetion of pl�ambing inspections by the third party inspector and invoicing of those
services, the City will issue }�ayment for the services rendered.
On December 22, 2000, the Board Administratar communicaied that the Board's Enforcement
Committee, Board staff and tF�e Board's attorney had reviewed the Plumbing Inspection A�reement
submitted vn �ecember 8, 2000. The Baard's attorney ad�ised the Board that under the revised
agreement, ihe relationship between the Licensed Plumbing Inspect�rs and the City of Fort Worth,
along wit� the mefhod far compensating the Licensed Plumbing Inspectors, does not violate the
Pl�mbing License Law or Baard rules.
In order to begin impfementation o� the restructured third party plumbing inspection program, it is
necessary fo authorize the City Manager to enter into agreements v+rith each third party plumbing
inspecior as independen# contractors. A capy of the proposed Plumbing Inspection Agreement is
aitached.
Additionally, it is proposed to withhold 10% af all �uilding permit fees for related plumbing inspection
services for each new construction project. In the case of remodeling prajects or jobs witi� only
plumbing worlc, the City wi[I colleet the entire plumbing permEt f�e af which 90% will be returned as
payment for inspectio� services. These collections will equal the maximum amount payable to the third
party plumbing inspector for services rendered. It is es#imated fihat for the remaind�r of the fiscal year,
collection for the new constructian projects wauld be $105,OQ0, and collections for the plumbing permit
only pral�cts wauld be $10,000. Attached are the necessary ardinance amendments to facilitate this
callection.
In order to manage the coflections, invaicin� and issuance of payments for the third party plumbing
inspection program, it is estimated that ane additional authorized position and associated office
supplies and equipment will be needed, The annual impact on the General Fund budget is estimated fo
be $43,000. The present implementation of this program will be F�andled as an overage and more
�'ity o, f .�'ort Worth, �'exas
L���or ��� Co��c��
C��a���������
�A7� R�FER�NCE NUMB�R LOG NAME PAGE
1116101 **��� �� �7 Q6PROGRAM 3 of 3
SU6JECT AGREEMENTS AND 4RDINANC�S ESTA6Lf5HING THIRD PARTY PLUMBING
INSPECTION PROGRAM
clearly identified in the praposed FY20Q1-2002 G�n�ral Fund budget o�ce actual impact can be
determined.
Favorable consideration by the City Council far fhe third party plumbing inspection program and
structure wil! autharize staff to implement the program on February 5, 2001.
It should be noted that staff has been working with the 5afety and Community Development Committee
ta change fhe structure and amounts of building permits. Changes of fees and the percent wai�er for
third party inspection services will be recommended in the near future. At that time, the attached
ordinances wil� need ta be am�nded a�pro�riately.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that upon approvai of the above recommendatfons, funds will he
a�ailable, as appropriated, in the General Fc�nd.
MG:k
Submitted for City Manager's
Office by:
FDPiD I ACCOUIYT I
(to)
CENTER I AMOUNT I CI'FY SECRE7'ARY
Mike Graomer
Orfginating Department Head:
Boh Riley
Additfonal Iafarmatioa Contact:
BoU Riley
6140 I
�
8901 I {from)
�
8901 I
APPROVED 1-16-01
ORD�1�iANC� N0.14485
ORDII�ANCE N0.14486
ORDINAIVCE IV0.1448i
URI3INANCE N�.14488
ORDINANCE N0.14489
�'i�y o, f'l�ort T�o��h, T'exas
� ��� � �� - � �� � �
����x1�C�`����1
DAT� R�F'ER�NCE NUMBER LOG NAME PAGE
1116101 **��� ��27 Q6PROGRAM 3 of 3
sug��cT AGREEMENTS AND ORDINANCES ESTaBL15HING THIRD PARTY PLUMB[NG
INSPECTION PR�GRAM
clearly identified in the proposed FY20�1-20Q2 General Fund b�dget once actual impact can �e
det�rmined.
Favorable consideration by the City Council for the third party plumbing inspection program and
structure w911 authorize s�aff to implement the program on February 5, 2001.
It should be noted that staff f�as be�n warking with ihe Safiety and Community Development Committee
fo change the structure and amounts of buildin� permi�s. Changes of fees and the percent wai�er for
fhird party inspectian services will be recommended in the near future. At that time, the attached
ordinances wili need to be amended appropriatefy.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that upon approval of the abov� recommendations, funds will be
availab[e, as appropriated, in the General Fund,
MG:k
Submiited for City Manager's
4ffce by:
� �uNn � �,ccovn�r �
� �ti�)
CENTER I AMOUNT I C1TY SECRETARY
Miice Croomer
Qriginating Department Head:
Bob Ri1ey
Additxoaal Information Cantact:
Bob Ril.ey
6140
�
8941 I (from)
�
8901 I
I APPROV�D I-1b-Ol
I ORDINANCE N0.14485
I ORDINANCE N0.14486
� ORDINANCE N0.14487
1 ORDINANCE NO. 14488
I ORDINANCE NO.14A89